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Kaul Warns Chandrachud Considered Government Pre-Approval for Appointments

By Drooid · Oct 25, 2026, 4:23 PM UTC · How we work

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Expanding Executive Power

Supreme Court judge Sanjay Kishan Kaul says CJI D Y Chandrachud considered asking the government’s view on a judicial appointment during a collegium meeting.
Consulting the government before the collegium finalizes candidates could set a precedent expanding executive influence, Kaul warns.
Kaul notes collegium had agreed on five candidates before Chandrachud proposed a sixth name.
Chandrachud said he has not read Kaul’s memoir and will review it before commenting.

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Threat to Judicial Independence

Former Supreme Court judge Sanjay Kishan Kaul says chief justice D Y Chandrachud considered seeking the government’s view on a Supreme Court appointment during a collegium meeting.
The warning says seeking government pre-approval threatens judicial independence and undermines fair representation of minorities.
The query about a minority-faith judge candidate’s caste was called “bizarre” by Kaul.
Kaul noted five names agreed and Chandrachud’s sixth was rejected, suspecting approval.

History

Historical Context

The 1993 Supreme Court Advocates-on-Record Association v. Union of India case, decided 6 October 1993 by a 4-1 bench headed by Chief Justice M N Venkatachaliah, created the collegium system that bars executive vetting of judges. Today, Justice Sanjay Kishan Kaul warns Chief Justice D Y Chandrachud that reviving Union input on a minority-faith nominee could repeat the 1993 clash and undermine judicial independence.

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Expanding Executive Power

Supreme Court judge Sanjay Kishan Kaul says CJI D Y Chandrachud considered asking the government’s view on a judicial appointment during a collegium meeting.
Consulting the government before the collegium finalizes candidates could set a precedent expanding executive influence, Kaul warns.
Kaul notes collegium had agreed on five candidates before Chandrachud proposed a sixth name.
Chandrachud said he has not read Kaul’s memoir and will review it before commenting.

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