Former Chief Justice of India DY Chandrachud has responded to the memoir of the senior-most puisne judge during his tenure, Sanjay Kishan Kaul, on judicial appointments, saying that all appointments were made by unanimous collegium decisions and were endorsed by Kaul.
According to a report by Hindustan Times, Justice Chandrachud said that on no single occasion did Kaul dissent from the collegium recommendations. However, he added that it would be difficult for him to comment in detail unless he read Kaul's book, 'Without Fear or Favour'.
"Unless I read his observations and understand the context in which they were made, I would not be in a position to offer a detailed response," Chandrachud was quoted in the report as saying.
Chandrachud said that the official records of the collegium, including its resolutions and reasons for its recommendations, were made public of the Supreme Court website. He added that the records show all decisions were unanimous.
He added that there was not a single instance when Kaul had recorded his dissent in the collegium's proposal to the government for appointment of judges to the top court.
"Judges held multiple rounds of informal and formal discussions before names were officially considered and recommendations sent to the government," Justice Chandrachud said.
What did Justice Kaul write in his memoir?
In his memoir, Justice Kaul wrote that the ex-Chief Justice was 'too deferential to the government,' adding that the discussion with the executive should not amount to seeking the government's approval before the Collegium has deliberated on a candidate's appointment to the top court as a judge.
Recalling an instance, Kaul wrote that in a specific Collegium meeting held to fill six Supreme Court vacancies, five names had already been agreed upon in advance but then CJI Chandrachud introduced a sixth candidate and considered seeking the government's view on the appointment.
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"The Chief Justice drew me aside into a separate room and wondered aloud whether he should telephone out to check the government's view," Kaul wrote in his memoir.