Kaul Says Chandrachud Considered Seeking Government View

Former Supreme Court judge Sanjay Kishan Kaul says in a forthcoming memoir that former Chief Justice of India D. Y. Chandrachud considered seeking the government’s view on a proposed Supreme Court judicial appointment before the Collegium had formally deliberated. Kaul said he objected, warning that such consultation could become a practice that weakened the Collegium’s independence. Kaul recounted the episode in an interview with journalist Karan Thapar and in his memoir, Without Fear or Favour. He said five names had been agreed upon before a Collegium meeting to fill six Supreme Court vacancies. Chandrachud then proposed a sixth candidate and, according to Kaul, asked whether he should contact the government to learn its view. Kaul said he opposed the additional name and the proposed contact. He described seeking the government’s view before formal deliberation as “preapproval,” distinguishing it from consultation after the Collegium had considered candidates. He said he was not against discussions between the judiciary and government generally, but objected to their timing. His account does not establish whether the government’s view had already been sought on any of the...