SC Collegium backs free speech of lawyer up for Bombay HC judgeship after govt. objected to his social media posts

‘Expression of views by a candidate does not disentitle him to hold a constitutional office so long as the person proposed for judgeship is a person of competence, merit and integrity’, says the Collegium

The Supreme Court collegium, in a resolution published on Thursday, backed the right to free speech of an advocate recommended for Bombay High Court judgeship after the Centre objected that he was “selectively” critical of the government on social media.

“All citizens have the right to free speech and expression under Article 19(1)(a) of the Constitution. Expression of views by a candidate does not disentitle him to hold a constitutional office so long as the person proposed for judgeship is a person of competence, merit and integrity,” the collegium led by Chief Justice of India D.Y. Chandrachud stated in its resolution.

The government had deduced that advocate Somasekhar Sundaresan was a “highly biased opinionated person” from his social media posts.

The Department of Justice, while returning his file, had accused Mr. Sundaresan of being “selectively critical on social media on the important policies, initiatives and directions of the government”.

Responding to the government’s objection, the collegium said “there is no material to indicate that the expressions used by the candidate are suggestive of his links with any political party with strong ideological leanings”.

The collegium, also comprising Justices Sanjay Kishan Kaul and K.M. Joseph, listed for the government’s benefit the qualities required of a candidate for judgeship, including honesty, ability, high order of emotional stability, serenity, legal soundness, among others.

In fact, the collegium drew the Centre’s attention to the fact that Mr. Sundaresan was specialised in commercial law and would be an asset to the Bombay High Court Bench where there was a large volume of commercial and securities’ related cases.