Congress Questions Judicial Independence Following Claims in Former Judge's Memoir

The Congress party has raised serious questions about the independence of the judiciary under the Modi government, citing a yet-to-be-released memoir by former Supreme Court judge Justice Sanjay Kishan Kaul. Congress leader Jairam Ramesh shared a media report quoting the book titled 'Without Fear of Favour'.

Key Concerns

According to Mr. Ramesh, the memoir highlights government interference in judicial appointments and attempts to secure government approval before Collegium meetings. The book also mentions the government questioning the caste of a judge from a minority community. Furthermore, the memoir states that former Chief Justice of India Justice D.Y. Chandrachud was too deferential to the government regarding appointments. Mr. Ramesh noted that a former CJI has not denied that discussions with the government happen before judicial appointments.

Bench Reassignment

Another grave issue raised is the reassignment of a case without consultation. Justice Kaul's book reveals that after a Bench he presided over raised the possibility of reconsidering parts of a ruling in a PMLA (Prevention of Money Laundering Act) case, the matter was moved to a different bench without his knowledge. Mr. Ramesh stated that the institution responsible for upholding the Constitution must stay free from power pressures.

Context

Judicial appointments in India typically involve the Collegium system, where senior judges recommend names to the government. Debates regarding executive influence over judicial appointments and case allocations often emerge during discussions on the separation of powers in a democratic system.