The appointment of Justice Lekshmana Chandra Victoria Gowri, a lawyer who was the National General Secretary of the Bharatiya Janata Party women’s wing and had made disparaging remarks about religious minorities, on February 7, has kicked off a debate about whether candidates with political background should be appointed to the bench.
Has political background been a bar to becoming a judge? It depends on the politics (scroll.in)
There have been several previous instances where lawyers who were members or office bearers of political parties or closely associated with them have been appointed as High Court and Supreme Court judges. On the other hand, there have also been instances where lawyers were not elevated because their political leanings did not find favour with the government of the day.
While several people believe that most judges are apolitical, George H Gadbois Jr writes in his seminal book Judges of the Supreme Court of India: 1950-89, “Participation in politics prior to High Court or SCI [Supreme Court of India] appointment was more common than most realize.” Godbois was an expert on the Indian Supreme Court and wrote one of the most comprehensive accobyunts of Supreme Court judges.
by Umang Poddar
14/02/2023