New Delhi: The Supreme Court on Friday held that it could not entertain the question of suitability of appointment of a particular candidate, highlighting it as the reasoning behind the top court's February 7 dismissal of two petitions from Madras High Court judges, challenging LC Victoria Gowri's appointment as an additional judge in the HC.
"We have passed a short order. We have followed the constitutional bench judgment and said we can't go into the question of suitability", the bench of Justices Sanjeev Khanna and B.R Gavai stated. The petitions against Gowri had contended, while directing the SC's attention to certain statements and articles by her, that she was unfit for the elevation as a judge as her remarks amounted to anti-minority instances of hate speech.
The bench noted that it could not presume that the SC Collegium was not aware of Gowri's background. Upon the petitioners citing a previous precedent of the SC stalling an appointment on the ground of 'eligibility', the court said delving into the 'suitability' question at this time was not possible. The petitioners were represented by their counsel Senior Advocate Raju Ramachandran, who argued that a person such as Gowri should not take oath as it stands against the secular principles of the Constitution.
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The judges have to take oaths with true and faithful allegiance to the constitution, but a person making hate speeches against minorities is against our constitutional values, Ramachandran contended, to which the bench observed that the material has passed the Collegium and has undergone its 'fairly robust scrutiny process'.
The apex court told Ramachandran that there was a difference between eligibility and suitability. "As far as suitability is concerned one can say it can be made subject matter of writ petition, and the aspect of eligibility is the only issue as required under the Constitution" it observed. Justice LC Victoria Gowri was sworn in during the hearing and the court proceeded to dismiss the matter.
The petitions came after the SC Collegium, comprising CJI DY Chandrachud, as well as Justice Sanjay Kishan Kaul and K.M Joseph, proposed the names of a total five lawyers - including that of Gowri - back on January 17. Upon the Centre notifying the appointment on February 6, the matter came under criticism by a portion of the judiciary, who highlighted instances of 'hate speech' by the candidate, specifically against Muslim and Christian communities, as well as her political affiliation as the General Secretary of the BJP Mahila Morcha.
