Former Supreme Court judge Sanjay Kishan Kaul has suggested that the Centre should enact a new law if it is dissatisfied with the striking down of the NJAC Act. He expressed concern over the executive delaying collegium recommendations for judicial appointments. Kaul emphasized the need for timely action to ensure a smooth appointment process. His remarks have reignited discussions on judicial reforms in India.
New Delhi: Retired Supreme Court judge Sanjay Kishan Kaul stated that if the Central Government is dissatisfied with the Supreme Court’s decision to strike down the National Judicial Appointments Commission (NJAC) Act of 2014, it has the option to create a new law for appointing judges to the higher judiciary.
He expressed this view during the first ‘Rule of Law’ annual lecture hosted by the Vidhi Centre for Legal Policy in Chennai on March 8, 2025.
Kaul remarked that the government’s reluctance to accept names recommended by the Supreme Court collegium could lead to an undesirable scenario where the executive gains undue influence over judicial appointments.
He noted that issues surrounding judicial appointments have existed since India’s Independence, citing even the first Prime Minister, Jawaharlal Nehru, as being opposed to Justice Mehr Chand Mahajan’s elevation to Chief Justice of India. Kaul pointed out that the conflict between the judiciary and the executive intensified during the Emergency from 1975 to 1977.
He emphasized that the original constitutional framework, which allowed the government to appoint judges to the higher judiciary in consultation with the Chief Justice of India (CJI), was effective for a significant period and resulted in the appointment of respected judges like V.R. Krishna Iyer, who, despite his political background, earned admiration from both the legal community and the public.
Sanjay Kishan Kaul noted that the evolution of the collegium system, where the Chief Justice of India (CJI) and two other senior judges of the Supreme Court recommend names for judicial appointments emerged from concerns that consultation with the CJI alone might not be adequate.
He remarked that while this system functioned well initially,
“In a democratic polity, when there is a coalition government, it is easier to deal with them, but when a strong government comes, there is always a tussle.”
Drawing from his experience as a judge of the Delhi High Court (2001-2012), Chief Justice of the Punjab and Haryana High Court (2013-2014), and Chief Justice of the Madras High Court (2014-2017), Kaul highlighted the challenges in persuading qualified lawyers to accept judgeships.
He stated,
“Those who deserve to be judges do not want to be judges, and those who want to be judges do not deserve to be judges.”
He explained that this reluctance stems not only from the financial sacrifices involved but also from the uncertainty regarding whether their recommendations will be accepted by the government, leading to considerable mental stress.
Kaul emphasized the need for a resolution to the longstanding issues between the executive and judiciary, advocating for dialogue to address their differences. During a Q&A session, he stressed the importance of ensuring social justice in judicial appointments while also selecting the best candidates from all sections of society.
The lecture in Chennai was organized by senior counsel Arvind P. Datar, Director of the Vidhi Centre for Legal Policy, with support from the Ajit Isaac Foundation.
Additionally, Mr. Kaul launched “15 Legal Reform Ideas for Tamil Nadu,” a briefing book that proposes measures to eliminate legal barriers affecting female labor force participation and combat caste discrimination in prisons, among other issues.
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