In a significant move, the Supreme Court Collegium has proposed the elevation of Senior Advocate KV Viswanathan as a judge of the Supreme Court. If the Central government approves this recommendation, Viswanathan will become only the fourth individual to ascend directly from the Bar to the prestigious position of Chief Justice of India (CJI).
Historical Context and Previous Appointments
Since the inception of the Supreme Court on January 26, 1950, a total of 266 judges, including the current 32 sitting judges, have served on the Bench. Out of these, a mere nine judges, approximately 3.3%, have been directly elevated from the Bar. This elite group includes Justices SM Sikri, SC Roy, Kuldip Singh, Santosh Hegde, Rohinton Nariman, UU Lalit, L Nageswara Rao, Indu Malhotra, and PS Narasimha. Notably, Justice Indu Malhotra holds the distinction of being the first female lawyer elevated directly to the Supreme Court.
Implications of Viswanathan’s Appointment
Among those who have been directly elevated from the Bar, only Justices Sikri and Lalit have previously ascended to the position of Chief Justice of India. Justice Narasimha is slated to become the CJI from October 30, 2027, to May 2, 2028. Should the Central government clear the Collegium’s recommendation for Viswanathan, he would become the 10th individual elevated directly from the Bar to the Supreme Court and potentially the fourth to serve as CJI. Upon the retirement of Justice JB Pardiwala on August 11, 2030, Viswanathan would be in line to assume office as CJI, serving until his retirement on May 25, 2031.
A Distinguished Career
KV Viswanathan, a former Additional Solicitor General with over 30 years of legal practice, has a rich background in high-profile cases. Hailing from a family of lawyers, he graduated from the Law College at Coimbatore in 1988. Early in his career, he trained under criminal trial lawyer KA Ramachandran and later joined the chambers of Senior Advocate CS Vaidyanathan and then KK Venugopal, both of whom served in prestigious government legal positions. In April 2009, Viswanathan was designated a Senior Advocate by the Supreme Court.
Viswanathan’s Vision for Judicial Appointments
In a 2014 interview with Bar & Bench, Viswanathan advocated for a broader set of criteria in selecting judges for higher judiciary roles, emphasizing the importance of diversity and merit beyond income tax contributions. He highlighted the need for experts in specialized fields and noted the commendable diversity in judicial appointments in England.
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Collegium’s Statement and Additional Recommendations
The Supreme Court Collegium, led by CJI DY Chandrachud and Justices SK Kaul, KM Joseph, Ajay Rastogi, and Sanjiv Khanna, emphasized the significance of Viswanathan’s appointment in enhancing Bar representation on the Supreme Court Bench. They praised his distinguished career and extensive legal expertise. Additionally, the Collegium recommended the elevation of Andhra Pradesh High Court Chief Justice Prashant Kumar Mishra to the Supreme Court.
Currently, the Supreme Court operates with a sanctioned strength of 34 judges but is functioning with only 32. As four more vacancies are anticipated by mid-July, the need for new appointments is pressing to maintain judicial efficiency.
