Indian legal experts have offered opposing views on judicial appointments after former Supreme Court judge Sanjay Kishan Kaul criticized former Chief Justice D Y Chandrachud’s approach to the government. Senior advocate Rakesh Dwivedi defended Chandrachud’s record, while senior advocate Vikas Singh supported Kaul’s concerns.

Key Takeaways

  • Kaul alleged that Chandrachud was too deferential to the government on administrative matters and judicial appointments.
  • Singh also questioned the allocation of sensitive cases; Dwivedi rejected the criticism of Chandrachud.

Judicial appointments criticism draws opposing responses

The debate followed remarks Kaul made ahead of the release of his memoir, Without Fear or Favour. He alleged that Chandrachud was more deferential to the government than necessary, particularly on appointments and administrative matters.

Dwivedi described Chandrachud’s judicial tenure as a “glorious golden period” and rejected the suggestion that he was deferential to the government. He pointed to decisions involving electoral bonds and Aadhaar, as well as administrative changes including digitization.

Singh, a former president of the Supreme Court Bar Association, endorsed Kaul’s criticism. He alleged that Chandrachud’s conduct toward the government differed from the image of independence he projected.

Case allocation and the appointments commission

Singh also questioned the transfer of sensitive matters between benches during Chandrachud’s tenure. He argued that cases should be allocated randomly within categories set by the chief justice, who serves as master of the roster. Dwivedi said a case moved from Kaul’s bench must have been transferred for reasons the master of the roster considered good.

Singh said that when the Supreme Court rejected the National Judicial Appointments Commission in 2015, provisions for a pool of eligible candidates and a secretariat to identify potential appointees could have been retained. He argued that those provisions were separable from the question of the government’s role in appointments.

Singh acknowledged that the timing of Kaul’s remarks ahead of his book release could be questioned, but said the concerns deserved to be aired.

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