Former Indian Supreme Court judge Sanjay Kishan Kaul has criticized former Chief Justice D. Y. Chandrachud’s approach to judicial appointments, alleging that he was more deferential to the government than necessary. Kaul’s account appears in his forthcoming memoir, Without Fear or Favour, and was discussed in an interview published on October 25, 2026.

Key Takeaways

  • Kaul described a disagreement over a sixth candidate proposed for a Supreme Court vacancy.
  • The former judge said consultation with the government differed from seeking its approval before the collegium deliberated.

Judicial appointments dispute

Kaul recounted a collegium meeting called to fill six Supreme Court vacancies. He said he and Chandrachud had agreed on five names, but that Chandrachud raised a sixth candidate shortly before the meeting. Kaul said he opposed that name and believed other collegium members would also reject it.

In his memoir, Kaul wrote that Chandrachud drew him aside and considered telephoning to check the government’s view. Kaul characterized that possibility as different from consultation, describing it as seeking a government nod before the collegium had formally deliberated.

Kaul speculated that Chandrachud might already have obtained some form of approval for the names, including the sixth. He did not present that speculation as an established fact.

Concerns about independence and court administration

Kaul said the collegium should resist executive pressure to safeguard judicial independence. He also praised Chandrachud’s intellectual ability and work ethic, while arguing that their views differed on how firmly to deal with the government.

Kaul, who retired in December 2023, also objected to the transfer of a case concerning reconsideration of aspects of a Prevention of Money Laundering Act judgment from a bench he headed. He said cases should not move between benches because of apprehensions about how they might be decided.

The opposition Congress cited the forthcoming memoir in raising concerns about judicial independence. Its general secretary Jairam Ramesh alleged government interference in the Supreme Court’s functioning.

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