CJI Chandrachud Used To Seek Government's Pre-Approval Before Collegium Discussed Names For Judicial Appointments : Justice Kaul

A senior judge has raised concerns regarding the process of judicial appointments in India, specifically highlighting the conduct of the Chief Justice of India. Justice Kaul remarked that CJI Chandrachud exhibited a level of deference to the government that was unusual for the office. The comment suggests that the head of the judiciary sought prior approval from the executive before the collegium, the body of senior judges responsible for recommendations, formally discussed potential candidates for high court and Supreme Court positions.

The collegium system is a unique feature of the Indian judiciary, designed to ensure that judicial appointments are made by judges themselves to preserve independence. However, the allegation that the CJI sought pre-approval from the government raises questions about the separation of powers. If the executive branch is involved in the initial screening of names before the collegium convenes, it could be perceived as an encroachment on judicial autonomy. This dynamic is sensitive because the judiciary is expected to act as a check on the other branches of government.

For readers in India, this issue matters because the independence of the judiciary is a cornerstone of the democratic framework. The public relies on the courts to adjudicate disputes fairly, without political influence. Any perception that the government has a hand in selecting judges could undermine public trust in the legal system. It is essential for the judiciary to maintain clear boundaries with the executive to ensure that the rule of law remains robust and that citizens have confidence in the impartiality of the courts.