Justice Kaul alleges CJI Chandrachud sought government pre-approval
- Justice SK Kaul’s memoir claims former CJI Chandrachud sought government pre-approval for judicial names.
- Kaul recounts an incident where Chandrachud wanted to call the government regarding a last-minute candidate.
- The memoir alleges the government questioned the caste of a candidate from a minority faith during the appointment process.
- Kaul criticized Chandrachud for being too deferential to the government in administrative and appointment matters.
- Former CJI Chandrachud stated he had excellent Collegium meetings and a respectful relationship with Justice Kaul.
Former Supreme Court judge Justice Sanjay Kishan Kaul alleges in his forthcoming memoir that former Chief Justice of India DY Chandrachud practiced discussing judicial appointment names with the government before formal Collegium deliberations. The book, titled "Without Fear of Favour" and scheduled for publication by Juggernaut later this month, claims the former Chief Justice was "too deferential to the government" during these processes.
Justice Kaul recounts an incident where Justice Chandrachud took him aside during a Collegium meeting to ask if he should telephone the government to ascertain their views on proposed appointments. Justice Kaul stated he advised Justice Chandrachud against contacting the government while the Collegium was in the process of deliberating on the names.
Disagreement over a last-minute sixth candidate
During a Collegium meeting intended to fill six vacancies, Justice Chandrachud proposed a sixth name on the way to the meeting that other judges resisted. Justice Kaul and other members rejected the sixth candidate introduced at the last minute.
Justice Kaul suspected this sixth name was proposed at the instance of the government. He told Justice Chandrachud that he could not "in the middle of a collegium" telephone the government to check their view. Justice Kaul expressed his belief that Justice Chandrachud may have already obtained some form of approval from the government for all the names before the meeting.
Government's query on caste and minority representation
The government raised a query regarding the caste of a judge candidate from a minority faith during the appointment process. The government also questioned whether more representation of minority faiths was needed in the judiciary.
Justice Kaul told Justice Chandrachud that he could not be a party to such a decision if the process involved consulting the government on caste. Justice Kaul told Justice Chandrachud that if the process involved consulting on caste, "you may as well consult and appoint yourself".
Kaul's critique of the Collegium's deferential approach
Justice Kaul described CJI Chandrachud as being "too deferential to the Government in appointment matters" and noted that there was "too much of a discussion with the Government" on administrative issues. In his memoir, Justice Kaul wrote, "There is a difference between consultation and what I came to regard as pre-approval - seeking the Government's nod before the Collegium had even formally deliberated. That sends a wrong signal".
Justice Kaul clarified that he was not opposed to consultations with the government, but he argued that the stage and manner of such discussions are problematic when they occur before the Collegium meeting. Justice Kaul warned CJI Chandrachud that by following this practice during his two-year tenure, he would make it difficult for successors to avoid it because the government would become accustomed to that methodology before Supreme Court appointments.
After joining the Collegium in June 2022, Justice Kaul suggested that he and CJI Chandrachud "face the government together," but CJI Chandrachud preferred to handle that relationship on his own.
Systemic concerns and administrative friction
Justice Kaul noted that the practice of having previous discussions with the government regarding judicial appointments has occurred both before and after CJI Chandrachud's tenure, stating, "That is why it troubles me".
Justice Kaul revealed that CJI Chandrachud removed the judges' appointment matter from his bench. He also advised Justice Kaul to take a "middle path" regarding the reconsideration of the PMLA judgment.
Former CJI Chandrachud's response to the memoir
Former Chief Justice DY Chandrachud told The Indian Express that he could not comment on the book without reading it. He stated that he had "excellent Collegium meetings" and a "respectful relationship" with Justice SK Kaul.
Justice Kaul's tenure as a Supreme Court judge
Justice SK Kaul was the second-most senior judge of the Supreme Court. He retired in December 2023.
Frequently Asked Questions
Add NewsPulse Time as a preferred source on Google