‘Justice D Y Chandrachud was too deferential to govt,’ former SC judge reveals why he walked out of collegium meeting

NEW DELHI: Former Supreme Court judge Sanjay Kishan Kaul has launched a sharp criticism of former Chief Justice of India D Y Chandrachud. Justice Kaul has revealed that Justice Chandrachud had attempted to seek the Central government's approval for judicial appointments even before the Collegium formally convened to discuss them. He made these revelations in his memoir, Without Fear or Favour, which is scheduled to be released at the end of this month, as well as in a recent interview.

Justice Kaul, who retired in December 2023, was the most senior judge in the Collegium after the Chief Justice of India for around 14 months. He revealed that he had once walked out of a Collegium meeting in protest against what he described as the Chief Justice's excessive deference to the government. He also alleged that the Chief Justice had attempted to ascertain the government's preferences before the Collegium formally discussed judicial appointments.

Justice Kaul recounted an unusual question raised by the government regarding the caste of the family of a judge from a minority community during the appointment process. The Chief Justice shared the government's query with the Collegium. Justice Kaul said he could not understand how the caste of a family that had belonged to the same religious community for generations could be determined. Stating that he could not agree with such practices, he walked out of the meeting. Justice Kaul also revealed that the government eventually approved the candidate's name.

In another incident, during a Collegium meeting to fill six vacancies, the Chief Justice proposed a sixth candidate on the day of the meeting, in addition to five names that had already been agreed upon. Other judges objected, suspecting that the additional name had been proposed at the government's behest.

According to Justice Kaul's memoir, the Chief Justice was about to make a phone call during the meeting to ascertain the government's position, but Justice Kaul stopped him. In his book, Justice Kaul also writes that the government respects judges who have the courage to stand firm on their principles.

However, Justice Chandrachud responded that he could not comment because he had not read the book. He said the Collegium meetings had been conducted in a very cordial atmosphere and that he did not remember Justice Kaul walking out of a meeting.

Justice Chandrachud acknowledged that discussions with the government do take place, adding that the President ultimately signs the orders appointing judges.