Governments have always preferred judges who agree with them: Justice SK Kaul

Former Supreme Court judge Sanjay Kishan Kaul has accused governments of favouring judges who share their principles, saying the judiciary must stand firm to protect its independence. Criticising former CJI DY Chandrachud's approach to judicial appointments, Kaul said the Collegium must deliberate independently and avoid seeking the government's approval beforehand.Does govt want independent or compliant judges? Justice Kaul weighs inNew Delhi,Oct 27, 2026 23:35 ISTIn the eye of the storm over his forthcoming memoir 'Without Fear or Favour,' former Supreme Court judge Sanjay Kishan Kaul has said governments have historically favoured judges who broadly share their principles and philosophy. In an exclusive interview with India Today, he said it was up to the judiciary to stand firm and safeguard its independence.Excerpts from the memoir detail Kaul’s disagreement with then Chief Justice of India DY Chandrachud over the inclusion of a sixth name in a list of candidates for the Supreme Court.Kaul said the candidate was unacceptable to him and rest of the collegium, alleging that Chandrachud might have sought the government's approval for names before the Collegium meeting. He described Chandrachud as “too deferential to the government” on judicial appointments.Kaul was part of the Supreme Court Collegium from June 2022 until his retirement in December 2023. The body, comprising the CJI and the four senior-most judges of the top court, recommends appointments to the Supreme Court and high courts. Asked by India Today whether governments prefer an independent or compliant judiciary, Kaul said, “Starting from the history of the judiciary, any government in power, I'm saying from 1950s, would like judges who broadly agree with their principles and philosophy.”“So it is for the judges to be able to stand,” he added. Kaul distinguished between judicial independence in deciding cases and the administrative process of appointing judges. While he said judges remain “largely independent” in judicial matters, he flagged delays in appointments to the Supreme Court and high courts as a concern.“I believe judges still are largely independent, are capable of taking on the government in judicial matters. But on administrative matters, there are issues arising,” he said.The former judge’s remarks come amid a continuing debate over the relationship between the judiciary and the executive, particularly over the collegium system and the delay in clearing judicial appointments.Kaul clarified that his criticism of former Chandrachud was specifically about the appointment process, not his judicial work. In his memoir, Kaul has questioned the practice of seeking the government’s views on names even before the collegium has completed its deliberations.“I've said he's deferential of the government in the appointment process,” Kaul further told India Today, referring to Chandrachud.“It was my belief that the collegium must debate the names and send it to the government, and that's the stage where a discussion with the government should take place. We should not have some kind of a pre-approvals from the government.”Kaul said the collegium should first deliberate on names independently before engaging with the government. He described the appointment process as an area where the system was facing difficulties, with recommendations and reiterated names taking too long to be cleared.The former judge also argued that governments have an inherent preference for judges whose views broadly align with their own.“If you stick by what you are saying, and in the process, you explain to the government the reasons for it, I said, by and large, I think the government is willing to play ball,” he said, recounting his own experiences in Chandigarh, Chennai and the Supreme Court.- Ends