Full Breakdown
Chandrachud’s Appointment Process Under Scrutiny
By Drooid · · How we work
Background: Collegium Practice and Kaul’s Memoir
The Supreme Court’s collegium—senior judges who select new justices—has traditionally operated without formal government involvement. Former senior judge Justice Sanjay Kishan Kaul, who retired in December 2023 after serving on the collegium from June 2022, announced that his forthcoming memoir *Without Fear or Favour* details a 2022 collegium meeting to fill six Supreme Court vacancies. Kaul says five candidates had been agreed upon when Chief Justice of India D Y Chandrachul introduced a sixth name and considered checking the government’s view before the collegium formally deliberated.
Core Allegations by Justice Kaul
Kaul contends that Chandrachud’s willingness to seek the executive’s “nod” before internal discussion departs from established practice. He warned that “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.” He argues that such pre-approval could set a precedent making it harder for future chief justices—especially those with short tenures—to resist executive influence.
Official Statements & Responses
- Justice Chandrachud – When approached by The Indian Express, Chandrachud said he had not read Kaul’s memoir and could not comment until doing so. He described his collegium meetings as “very respectful” and his relationship with Kaul as “affable” with “good conversations.”
- Government Position – No direct response from the Ministry of Law and Justice has been recorded.
Legal Experts’ Perspectives
- Rakesh Dwivedi, constitutional-law expert, defended Chandrachud’s tenure, calling it a “glorious golden period” for the judiciary and citing rulings that struck down the electoral-bonds law and opposed key Aadhaar provisions.
- Vikas Singh, bar association president, linked the appointment issue to concerns about the allocation of sensitive cases and warned that past chief justices often aligned with the Centre.
These assessments illustrate the debate over whether Chandrachud’s approach was necessary consultation or undue deference to the executive.
Verbatim Quotes
- “The Chief Justice drew me aside into a separate room and wondered aloud whether he should telephone out to check the government's view,” — Justice Sanjay Kishan Kaul
- “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,” — Justice Sanjay Kishan Kaul
Conflicting Reports & Gaps
- Kaul’s memoir remains unpublished, and his account of pre-approval is not independently verified.
- Chandrachud has not publicly addressed the specific allegation beyond noting he has not read the memoir.
- Experts present divergent interpretations, but no data confirm whether the government was consulted before the collegium’s formal vote.
What’s Next
No hearings or official investigations have been announced regarding the alleged pre-approval practice. The issue is expected to remain a point of discussion as the judiciary and political parties debate the balance between judicial independence and executive interaction.