Justice Kaul, who has known former CJI Chandrachud for over four decades, said that his relationship with the man he calls 'Dhana' had strained during his final years as a Supreme Court judge.
He attributes this to one thing, more than others:"I believed he was too deferential to the government on appointment matters."
He writes,"Total purdah cannot be the standard for independence, and blockages are bound to occur and do occur when consultation breaks down.
But there is a difference between consultation and what I came to regard as pre-approval – seeking the government’s nod before the collegium had even formally deliberated.
After some discussion, I pointed out to him that we were not vella (jobless) to keep waiting for him."
Justice Kaul, who has known former CJI Chandrachud for over four decades, said that his relationship with the man he calls 'Dhana' had strained during his final years as a Supreme Court judge. He attributes this to one thing, more than others:
"I believed he was too deferential to the government on appointment matters."
He prefaces his opinion by saying that he was not one among those who believed that the government should not have any say in judicial appointments. He writes,
"Total purdah cannot be the standard for independence, and blockages are bound to occur and do occur when consultation breaks down. But there is a difference between consultation and what I came to regard as pre-approval – seeking the government’s nod before the collegium had even formally deliberated. That sends the wrong signal. Any political class will always assert itself if you give them a wedge in the door. This is not in any sense a partisan matter but simply a question of the inevitable institutional dynamics of power."
He also recalls an incident where Justice Chandrachud held court till 9 PM just to avoid a Collegium meeting where the then CJI and other judges were waiting for him for hours together.
"Although I maintained a good working and personal relationship with him, I considered this an atrocious way to treat the chief justice and one’s colleagues, and I said as much to him in a later encounter when he walked into my chamber after he had been sworn in. After some discussion, I pointed out to him that we were not vella (jobless) to keep waiting for him."
