Former Supreme Court Justice Sanjay Kishan Kaul has clarified that his criticism of former Chief Justice DY Chandrachud focuses on administrative delays in judicial appointments rather than judicial performance. Kaul advocates for greater collegium autonomy to prevent executive influence. This discussion highlights ongoing debates regarding judicial independence, a critical factor for the stability of India’s legal and regulatory framework.
Justice Sanjay Kishan Kaul, who retired from the Supreme Court in December 2023, has provided clarification regarding his recent comments about the administrative management of the judiciary during his tenure with former Chief Justice DY Chandrachud. His remarks, featured in his memoir titled Without Fear or Favour, are directed specifically at the procedural handling of judicial appointments rather than the core judicial decisions or the performance of the courts.
The central point of Justice Kaul’s critique involves the functioning of the collegium, the body responsible for judicial appointments and transfers. He argues that the collegium should finalize its list of candidates independently and internally before starting any consultation with the government. His concern is that engaging in informal pre-approvals with the executive branch could create precedents that weaken the autonomy of future chief justices, particularly regarding the selection of judges for constitutional courts.
Justice Kaul highlighted that these administrative difficulties have led to systemic delays, resulting in significant vacancies across the Supreme Court and various High Courts. He noted that despite recommendations being reiterated by the collegium, many appointments have remained pending. According to his account, these administrative tensions reached a point where he ceased his participation in certain aspects of the collegium process in July, citing disagreements over how last-minute changes to candidate lists and seniority protocols were being handled.
While Justice Kaul raised these administrative grievances, he emphasized that the judicial wing retains its independence when adjudicating cases, even those involving the government. For the broader public and the business community, the efficiency and institutional stability of the judiciary are essential. Legal and regulatory certainty is a cornerstone for economic activity, and delays in judicial appointments can lead to backlogs, potentially slowing the resolution of commercial disputes and other legal matters.
Investors and observers often track the functioning of constitutional courts, as the judicial system plays a vital role in upholding the rule of law. The ongoing discussion regarding the appointment process highlights the importance of a clear and autonomous procedure to maintain institutional strength. The key monitorable for the legal and regulatory environment will be whether the collegium can resolve these procedural challenges to ensure timely appointments and reduce court vacancies.