Justice Kaul alleges ex-CJI Chandrachud sought Centre’s nod on judicial appointments

NEW DELHI: Former Supreme Court judge Justice Sanjay Kishan Kaul has alleged that former Chief Justice of India D.Y. Chandrachud would discuss proposed judicial appointments with the Union government before the Supreme Court Collegium formally considered the names, raising concerns about executive influence over the selection process.

In an interview with journalist Karan Thapar for The Wire, excerpts of which were reported by LiveLaw on Sunday, Justice Kaul described the practice as seeking the government’s “pre-approval”. He said this was different from consulting the government after the Collegium had reached a decision.

Recounting an episode from his forthcoming memoir, Without Fear or Favour, Kaul said the Collegium had agreed on five names for Supreme Court appointments when Chandrachud proposed a sixth candidate at the last minute. According to Kaul, Chandrachud took him aside during the meeting and asked whether he should call the government to seek its views.

Kaul said he opposed the suggestion, arguing that the Collegium should deliberate independently before engaging with the executive. He also expressed concern that such a practice could become an expectation for future Chief Justices, particularly those with shorter tenures.

“The problem,” Kaul indicated, was not consultation itself, but its timing and manner.

In the interview, Kaul described Chandrachud as “too deferential” to the government on administrative matters relating to judicial appointments, while acknowledging the former CJI’s intellectual ability and work on the judicial side.

Chandrachud, responding to questions from The Indian Express, said he had not read Kaul’s book and therefore could not offer a detailed response without understanding the context. He described their Collegium meetings as respectful, marked by reasoned discussions, and said he could not recall Kaul walking out of a meeting. He also said he did not recall any recorded dissent in the Collegium resolutions.

The account brings renewed attention to the balance between judicial independence and executive consultation in India’s Collegium system, under which senior judges recommend appointments to the higher judiciary.