Concerns Raised Over Judicial Appointments and Collegium System Discussions

According to a report by The Hindu, retired Supreme Court Justice Sanjay Kaul stated that former Chief Justice of India (CJI) D.Y. Chandrachud may have discussed proposed names for judgeships with the Union Government before the collegium formally met to discuss them. Justice Kaul characterized this practice as seeking the government's pre-approval, which he noted erodes the autonomy of the judiciary.

Constitutional Framework for Appointments

Article 124 and Article 217 of the Indian Constitution outline the process for judicial appointments:

• Supreme Court Appointments: Article 124 states that Supreme Court judges are appointed by the President after consulting the CJI.
• High Court Appointments: Article 217 dictates that High Court judges are appointed by the President after consulting the CJI, the Chief Justice of the respective High Court, and the Governor of the State.
• Original Intent: The original constitutional framework provided for executive consultation with the judiciary to safeguard judicial independence and ensure professional quality in appointments.

Verification and Context

Readers can verify these reported claims by reviewing official legal updates, parliamentary records, and statements published by legal experts and retired judiciary members in established national publications like The Hindu.