Former Supreme Court Judge Sanjay Kishan Kaul Questions DY Chandrachud’s Approach to Collegium Consultations

Former Supreme Court judge Sanjay Kishan Kaul has raised concerns about how former Chief Justice of India DY Chandrachud handled discussions on judicial appointments with the Union government. In an interview with journalist Karan Thapar for The Wire, Kaul alleged that Chandrachud had considered seeking the government’s views on a candidate before the Supreme Court Collegium had formally deliberated on the name. Recalling an incident from his upcoming memoir, Without Fear or Favour, Kaul said the Collegium had agreed on five candidates when Chandrachud proposed adding a sixth and asked whether the government should be consulted. Kaul said he objected, maintaining that the Collegium should first discuss the candidate and arrive at a decision.

Kaul clarified that he was not opposed to communication between the judiciary and the executive, but stressed that the timing and procedure of such consultations were important to safeguarding judicial independence. He also said he felt Chandrachud was more deferential to the government than necessary in administrative matters. His remarks have brought renewed attention to the relationship between the executive and the judiciary, particularly the functioning of the Collegium system, which recommends appointments to the higher judiciary. The comments have also revived discussion about the importance of transparent procedures and maintaining the judiciary’s independence in the appointment process.