Jahanvi Agarwal
On 13th March 2024, the Supreme Court Collegium rejected the objections raised by the Central government regarding the elevation of Advocate Manoj Pulamby Madhavan as a Judge of the Kerala High Court. The objection was based on Madhavan’s perceived affiliation with the Communist Party of India (Marxist) [CPI(M)] and his prior role as a Government Pleader during the tenure of the Left Democratic Front (LDF) government in Kerala.
In its resolution, the Collegium emphasized that the grounds for considering Madhavan as a CPI(M) sympathizer were vague and lacked substance. It stated, “The input that the candidate is considered to be a CPI(M) sympathizer is otherwise vague and bereft of cogent grounds. Even otherwise, the mere fact that the candidate has had a political background may not be a sufficient reason in all cases.”
Despite objections from the Department of Justice of the Union Law Ministry, the Collegium recommended Madhavan’s name along with five other Advocates for appointment as Judges of the Kerala High Court. Madhavan, who belongs to the Scheduled Caste community, has a commendable record with 35 reported judgments to his credit.
Responding to the objections raised by the Central government, the Collegium underscored that Madhavan’s past experience as a Government Pleader indicated his proficiency in handling cases involving the State. It dismissed the argument that his association with the CPI(M) or his role as a Government Pleader should not disqualify him from judicial elevation.
The Collegium also referenced past instances where individuals with political backgrounds had been appointed as Judges, highlighting the case of Justice L Victoria Gowri, who was affiliated with the Bharatiya Janata Party (BJP) before her elevation to the Madras High Court. The Collegium noted that considerations of political background had been disregarded in previous appointments.
Overall, despite some Judges not having the opportunity to directly assess Madhavan’s performance, the Collegium noted that the general opinion regarding his candidacy was positive.