Former SC Judge Critiques Ex-CJI Chandrachud’s Approach to Judicial Appointments

In a striking revelation from his upcoming memoir, former Supreme Court judge Sanjay Kishan Kaul has expressed concerns regarding the approach of ex-Chief Justice DY Chandrachud toward judicial appointments. Kaul’s book, titled Without Fear of Favour, set to hit the shelves later this month, asserts that Chandrachud exhibited excessive deference to the central government in the appointment process for judges.

According to reports from The Indian Express, Kaul, who concluded his tenure as the Supreme Court’s second-most senior judge in December 2023, criticized Chandrachud for seeking governmental approval on a potential judicial candidate prior to its formal consideration by the Collegium. Kaul highlighted an incident where the government raised an unusual query regarding the caste of a candidate from a minority community, indicating a level of interference that raised eyebrows.

Kaul recounted his experience after joining the Collegium in June 2022, suggesting that both he and Chandrachud should confront the government together regarding judicial appointments. He noted that, although he was not the Chief Justice and could therefore adopt a firmer stance, Chandrachud preferred to manage that relationship independently, with only a few exceptions.

The memoir also touches upon a significant moment for the Collegium when Kaul and other judges were tasked with filling six judicial vacancies. While they had pre-agreed on five names, Chandrachud introduced an additional sixth candidate during their meeting, a suggestion that faced resistance from the other judges, reflecting the complexities and challenges within the judicial appointment process.

These revelations shed light on the intricate dynamics between the judiciary and the executive in India, especially regarding judicial appointments, a subject that has increasingly drawn public attention. The balance of power and the independence of the judiciary remain crucial topics within the Indian legal system, and Kaul’s memoir is poised to contribute significantly to this ongoing discourse.

Source: scroll.in