The Supreme Court Collegium’s recent recommendation to appoint Advocate Aarti Arun Sathe, a former spokesperson of the Bharatiya Janata Party (BJP), as a judge of the Bombay High Court has ignited a political controversy in Maharashtra. On July 28, the Collegium approved Sathe’s name along with two others for elevation, but the central government has yet to act on the recommendations. Opposition parties, including the Congress, the Nationalist Congress Party (NCP), and the Trinamool Congress, have criticised the move, expressing concerns over judicial independence and accusing the BJP of undermining democratic institutions through partisan appointments. Supriya Shrinate called the decision a direct blow to judicial integrity, while NCP’s Rohit Pawar argued that it erodes democracy and weakens the separation of powers.
Despite the uproar, political affiliations have not been a disqualifier in judicial appointments historically. Sathe would not be the first person with political ties to ascend to the bench. In fact, she would be the ninth such individual in India’s judicial history. This precedent includes some of the country’s most respected judges. Justice K S Hegde, for instance, was elected twice to the Rajya Sabha before becoming a judge and later a Supreme Court justice. Similarly, Justice V R Krishna Iyer served as a legislator and minister in Kerala before being appointed to the judiciary, eventually becoming a Supreme Court judge and later receiving the Padma Vibhushan for his contributions.
Justice Baharul Islam transitioned from the Rajya Sabha to the Gauhati High Court, and later the Supreme Court, before resigning to contest a Lok Sabha election as a Congress candidate. Justice S Ratnavel Pandian, who had earlier contested elections as a DMK candidate, eventually joined the bench and rose to the Supreme Court. Justice P B Sawant was associated with the Peasants and Workers’ Party before he was appointed a judge of the Bombay High Court. Lawyer Victoria Gowri, another controversial appointment in 2023, faced opposition due to her prior links with the BJP, though she claimed to have resigned from all party affiliations before taking office. Justice Aftab Alam, once affiliated with the Communist Party of India, and Justice F I Rebello, a former Janata Party MLA in Goa, also went on to serve in high judicial positions, with Rebello later becoming Chief Justice of the Allahabad High Court.
The Collegium system, responsible for judicial appointments in India, has faced criticism over the years for a lack of transparency, but it also has a track record of evaluating candidates’ legal acumen and integrity beyond political labels. While political connections inevitably raise questions about impartiality, India’s judicial history shows that individuals from political backgrounds have both served with distinction and faced scrutiny.
As for Advocate Aarti Sathe, her appointment remains pending central government approval. The debate surrounding her nomination reflects broader tensions between the judiciary and political parties and revives the ongoing national discussion about the boundaries between law, politics, and institutional integrity.
