Judicial Appointments in Focus as SC Collegium Revives Candidate Interaction

New Delhi, July 29, 2025 — In a significant move signaling a renewed emphasis on transparency and firsthand assessment in judicial appointments, the Supreme Court Collegium has summoned three senior advocates for a personal interaction regarding their proposed elevation to the Bombay High Court. The decision, coming after a considerable delay, brings the focus back on the selection process for the higher judiciary and Chief Justice of India B.R. Gavai’s stated commitment to institutional reform.

The lawyers—Sushil Manohar Ghodeswar, Ajit Kadethankar, and Aarti Sathe—were originally recommended by the Bombay High Court collegium under former Chief Justice Devendra Kumar Upadhaya. However, their nominations had languished, a common occurrence in the often-opaque pipeline of judicial appointments. The invitation for an interaction on Monday, July 28, marks a decisive step to break the stasis and is a direct application of a practice that CJI Gavai has championed since taking office.

“We got an opportunity to test the capabilities of lawyers chosen by the HC collegium first-hand,” CJI Gavai had noted recently, underscoring the benefits of the practice which was formally reinstated in December 2024. “And, therefore, I believe this process should continue.”

This development is not merely procedural. It represents a conscious effort by the judiciary's leadership to address systemic criticisms of the collegium system, including allegations of opacity and a lack of verifiable criteria for selection. By meeting candidates directly, the Supreme Court Collegium aims to gain insights beyond the written record, assessing what the CJI termed the "capabilities of lawyers" in a more personal and dynamic setting.

Context: Reforming the Collegium and Avoiding Controversy

The revival of direct interactions is being framed as a crucial reform to prevent controversies that have historically plagued the judiciary. As the CJI explained, such meetings help the collegium “learn more about the candidates before the official process of their appointments is initiated.” More pointedly, he suggested it could help “avoid controversies that have happened in the past due to some judges making unwarranted observations in their orders and in their utterances outside courts.”

This points to a desire to vet not just legal acumen but also judicial temperament and demeanor—qualities that are difficult to assess from a paper file. The move is seen by many in the legal community as a response to instances where judicial conduct has drawn public criticism, thereby affecting the institution's credibility.

The history of the collegium system is itself fraught with debate. The infamous 2018 press conference held by four senior Supreme Court judges, including former CJI Ranjan Gogoi, was a stark illustration of internal dissent over the "master of the roster" system and the allocation of sensitive cases. The aftermath of that event, and former CJI Gogoi’s subsequent controversial nomination to the Rajya Sabha, intensified calls for greater transparency and accountability in judicial functioning and appointments. Observers note that CJI Gavai's push for direct interaction is a step toward demystifying the process, making it more participatory and less susceptible to criticism of being an "old boys' club."

The Push for Gender Diversity in the Higher Judiciary

The current round of appointments is also set against the backdrop of a pressing need for greater gender diversity on the bench. CJI Gavai has been vocal about his "strong will to include more women lawyers for elevation," a commitment that gains urgency following the recent retirement of Justice Bela Trivedi, which has left the Supreme Court with only one sitting woman judge.

“High courts have been asked to look for eligible women lawyers for elevation to the bench,” the CJI stated, outlining a proactive strategy. “They have also been told that if women advocates are less in numbers, then the high courts should find suitable candidates from among the women lawyers practising in the Supreme Court, who hail from the state where the appointment is to be made.”

This directive is a significant departure from traditional sourcing methods and acknowledges the structural barriers that may limit the visibility of talented women lawyers within their respective High Court bars. The inclusion of Aarti Sathe, a lawyer with expertise in tax, SEBI, and matrimonial law, in the current list for interaction is a noteworthy, albeit small, step in this direction. The legal fraternity is now keenly watching to see how this policy translates into actual appointments, not just to the High Courts but also to the Supreme Court itself, to remedy the stark gender imbalance at the apex level.

Profiles of the Candidates

The three advocates invited for the interaction bring diverse legal experience:

* Sushil Manohar Ghodeswar: An Assistant Government Pleader at the Nagpur Bench of the Bombay High Court, Ghodeswar’s experience lies in representing the state, giving him deep insights into administrative and constitutional law.

* Ajit Kadethankar: Having served as counsel for the State Election Commission, Kadethankar possesses specialized knowledge in election law, a complex and constitutionally significant field.

* Aarti Sathe: Her practice spans a wide range of civil and commercial litigation, including tax disputes, matters before the Securities Appellate Tribunal (SAT), and matrimonial cases, reflecting a versatile legal practice.

The outcome of their interaction with the collegium will be closely monitored, not just for their individual fates but as a test case for this revived mechanism of judicial selection.

Broader Implications for the Justice System

The emphasis on direct interaction, coupled with the drive for diversity, reflects a judiciary grappling with its own internal structures and its relationship with the public. While these moves are being welcomed, the path is not without challenges. The ultimate success of these reforms will depend on their consistent and transparent application.

The legal community remains cautiously optimistic. If the process of interaction leads to the appointment of judges who are not only legally sound but also possess the temperament and integrity befitting the high office, it could go a long way in strengthening public trust in the judiciary. For now, the spotlight is on the Supreme Court Collegium as it takes a deliberate, and very personal, step in shaping the future of the bench.