Not doing this for myself, doing it to give hope to those at a disadvantage, Saurabh Kirpal on judgeship offer

Saurabh Kirpal, Senior Advocate

Speaking exclusively with Moneycontrol on why he has not withdrawn his consent to be made a judge of the Delhi High Court, senior advocate Saurabh Kirpal said that he wants to become a judge to give hope to people who are in a disadvantageous position.

He said, "I am not doing this just for myself. I am doing this to give hope to people who are in a disadvantageous position." Noting that inequalities still exist in India, Kirpal remarked that it makes sense for him to continue with the offer of judgeship.

Elaborating further, Kirpal said, "Judgeship does not make any professional sense for me today. I am doing well as a senior counsel; I would have been a senior judge had I been appointed as a judge six years ago; now I would be junior."

The senior counsel, however, noted that such things do not matter. A judge, senior or junior, is still a person who wields constitutional authority and carries the court’s moral authority. He said, "If it is not about my personal ambition, it should matter little as to whether or not I will get to the Supreme Court or a higher post. It is about just becoming a judge."

Norms dictate that the seniority of a judge is determined by the time of appointment. For instance, a judge in the month of April would be senior to another appointed in May. Had Kirpal been appointed a judge of the Delhi HC in 2017, he would have been a senior judge of the Delhi High Court by now.

Supreme Court Collegium’s statement in January 2023

Kirpal, a member of the LGBTQ+ community, was recommended for judgeship first in 2017. The Supreme Court collegium has reiterated the recommendation twice so far. In November 2022, the recommendation referred back to the SC collegium for reconsideration over two objections:

1) His partner is a Swiss national;
2) He is in an intimate relationship and is open about his sexual orientation.

In January 2023, the Supreme Court collegium reiterated their recommendation for Kripal's judgeship. Should Kripal's appointment be notified, he will be the first openly gay judge of an Indian court.

On his partner being a Swiss national, the collegium noted that the country of his origin is a friendly nation. Moreover, several people in high positions, including present and past holders of constitutional offices, have and have had spouses who are foreign nationals. Hence, as a matter of principle, there can be no objection to the candidature of Kirpal on the ground that his partner is a foreigner.

Also read: Never imagined I would argue a marriage equality case when I started my career, says Saurabh Kirpal

The Supreme Court collegium's January 2023 statement created quite a stir as it had made Research & Analysis Wing (R&AW)'s objections to Kripal's appointment public.

The Collegium’s statement said, "The fact that Mr Saurabh Kirpal has been open about his orientation is a matter that goes to his credit."The Collegium has also said that his appointment will only add value to the bench of the Delhi High Court and make room for inclusion and diversity.