Justice Sanjay Kishan Kaul memoir raises concerns over judicial appointments

In his memoir, “Without Fear or Favour”, retired Supreme Court Judge Sanjay Kishan Kaul addresses the influence of the executive branch on judicial appointments in India. Kaul alleges that the Collegium system, designed to ensure judicial primacy, has been compromised by political pressures.

Kaul specifically notes that former Chief Justice of India DY Chandrachud was “too deferential to the Government on appointment matters” and reportedly sought government pre-approval before the Collegium considered names. The memoir also recounts a meeting with Prime Minister Narendra Modi, where Kaul advocated for clearing judicial vacancies to maintain constitutional checks and balances.

Additionally, Kaul critiques the practice of retired judges accepting political positions, contrasting his own views with former Chief Justice Ranjan Gogoi, who accepted a Rajya Sabha nomination after retirement.