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Supreme Court of India 2023-02-10 dismissed

ANNA MATHEWS AND OTHERS vs SUPREME COURT OF INDIA AND OTHERS

Bench: 2 — Sanjiv Khanna, B.R. Gavai

In Brief

The Supreme Court dismissed writ petitions challenging the appointment of a judge to the Madras High Court. The Court reaffirmed that judicial review of judicial appointments is limited to examining eligibility and whether proper consultation has occurred—not the suitability or merit of the appointee. While a political background or prior criticism of government policies may be relevant considerations, they are not absolute bars to appointment. The Court held that evaluating suitability is the exclusive function of the Collegium, comprising the Chief Justice and senior judges, which considers intelligence inputs, government views, and internal judicial opinions. Judges are ultimately accountable through open courts and reasoned judgments reviewed by lawyers, litigants, and the public.

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