Overview
On 25 October 2026, the Indian National Congress quoted the unpublished memoir of former Supreme Court judge Justice Sanjay Kishan Kaul. The party said the book raises serious questions about the judicial independence of the Supreme Court under the Modi government.
Key Developments
- Justice Kaul alleges that the government seeks prior approval before Collegium meetings on judicial appointments.
- He claims former Chief Justice of India Justice D.Y. Chandrachud admitted to being “too deferential” to the executive.
- The memoir records an incident where the government questioned the caste of a judge from a minority community.
- When a bench presided over by Justice Kaul considered revisiting a ruling in a PMLA case, the matter was reassigned without his consultation.
- These actions are portrayed as day‑to‑day interference in the functioning of the judiciary.
Important Facts
The memoir, titled Without Fear of Favour, is yet to be released. It documents several episodes that were previously discussed only in private circles. Justice Kaul, a former judge of the Supreme Court, served from 2014 to 2022. His observations include:
- Government officials attempting to influence the selection of judges before the Collegium convenes.
- Explicit acknowledgment by a former CJI that the executive engages with the judiciary on appointments.
- Pressure on benches handling sensitive cases, exemplified by the sudden transfer of a PMLA bench.
Exam Relevance
Understanding the balance between the judiciary and the executive is crucial for GS 2 (Polity). The Constitution guarantees judicial independence under Articles 124‑147. Any erosion of this principle can affect the rule of law, separation of powers, and public confidence in institutions—core topics for essay and answer writing.
Way Forward
To safeguard the independence of the courts, the following steps are often suggested in policy debates:
- Introduce a transparent, merit‑based Collegium process with limited executive input.
- Establish a statutory Judicial Appointments Commission to reduce ad‑hoc government influence.
- Strengthen parliamentary oversight mechanisms to monitor any undue interference.
- Promote a culture of open dialogue within the judiciary about pressures faced, while maintaining confidentiality of pending cases.
For UPSC aspirants, tracking such developments helps in answering questions on constitutional safeguards, the functioning of democratic institutions, and contemporary challenges to the rule of law.