Who is Justice SK Kaul? What is the former Supreme Court justice’s new memoir “Without Fear and Kindness” about? | Today’s news
Justice Sanjay Kishan Kaul’s memoir Without Fear and Favor chronicles his nearly five-decade-long journey in the Indian judiciary. It traces his career from his early years at the bar in Delhi to his stints in the Punjab and Haryana High Court, the Madras High Court and finally the Supreme Court of India.
The book also provides an overview of the functioning of the Supreme Court collegium and offers insight into how judges are selected and appointed. Examines the dynamic between the judiciary and the executive, including the role of judicial consultation in the appointment process.
Kaul, who retired from the Supreme Court on December 25, 2023 after more than six years in office, said he spent considerable time debating whether to document his experiences before finally starting to write in April last year.
In an interview with ANI, he said, “It’s always easier not to write than to write…I had a lot of discussions, even before my retirement publishers were behind me to write something because they felt that after seeing my judgments, they liked the style…But I really only started it last April. I’ve been putting it off.”
Explaining his decision to wait until after retirement, Kaul said he wanted to create a more unbiased perspective and avoid writing about people still holding public office.
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“I also felt that the whole system — the political system, the press, everybody was raising issues. It’s impossible to keep the issues down. Do we not publicize how we work, or do we publicize how we work? There are some positives. There are some negatives. That’s what it’s about,” he said.
Who is Justice Sanjay Kishan Kaul?
SK Kaul, born on 26 December 1958 in Srinagar, is a former Supreme Court judge and lawyer who served in the country’s highest court from 2017 until his retirement in 2023.
At the time of his retirement, he was the second senior most judge of the Supreme Court and was serving as a Puisne Judge, second only to the Chief Justice of India. During his tenure, he authored judgments in 167 cases.
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Before joining the Supreme Court, Kaul served as the Chief Justice of the Madras High Court and the Punjab and Haryana High Court. He also served as a Judge and Acting Chief Justice of the Delhi High Court. In addition, he served as the ex-officio Executive Chairman of the National Legal Services Authority (NALSA).
Kaul completed his schooling at Modern School, New Delhi and graduated in Economics (Hons) from St Stephen’s College, Delhi University. He subsequently obtained his LLB from the Faculty of Law, University of Delhi in 1982.
What did Justice Kaul say about former CJI DY Chandrachud?
One of the notable themes of Kaul’s memoir is his relationship with former CJI DY Chandrachud, with whom he served in the Supreme Court. Kaul discussed both his appreciation of Chandrachud’s judicial abilities and their disagreements over judicial appointments.
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“People asked me when I wrote about the former Chief Justice of India, Justice DY Chandrachud. I complimented him where I thought he needed a compliment; I said he has judicial strength. He can work very hard. There was a specific aspect where I questioned him. Sometimes it comes out of proportion in your social media systems. I did not agree with him on the appointment process. EVEN,” he said.
Kaul said he believed Chandrachud should have taken a stronger position in pushing for judicial appointments, especially when recommendations remained pending between January and March.
“At times I felt that he was too soft and should push harder. I hinted to him. Maybe even the appointment of judges matters. When nothing happened for several months from January to March, I said it won’t work…” Kaul mentioned.
“It was a big difference in perception that I had, if I may say so, with the government of the day and always. Judicial appointments have to be done quickly. If we want to get talent and the right kind of talent. If people are not willing to come in, you have to make the process easier, not make it so cumbersome that it takes a long time,” he said.
Despite their differences, Kaul described his relationship with Chandrachud as cordial and said they were comfortable communicating with each other outside of their litigation.
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“He’s always been a bit of a reserved person…Maybe I was easier to relate to socially. We shared a good relationship…You can’t close issues where we differed. I differed with him on that particular aspect,” he stated.
What did Justice Kaul say about Prime Minister Narendra Modi?
Kaul also recalled his conversations with Prime Minister Narendra Modi, particularly regarding judicial appointments that were awaiting approval.
The former judge said he had personally brought the matter to the Prime Minister’s attention and urged him to look into the pending recommendations.
“He’s a very good listener. . . . Sometimes you sit close and talk, and judicial appointments have always been a bit of a problem for me. I feel the solution is to have the right kind of judges. Some appointments have stuck. So I said, ‘Please look at them.’ . . . This conversation went on for a while.”
Kaul also recalled telling PM Modi that he did not intend to seek any official position or favor after leaving the Supreme Court.
“I can tell you because I don’t want anything. I’ve been clear from day one: I’m not going to take anything into retirement… He responded by saying I know that… He’s a person who has information to the nth possible degree,” Judge Kaul said.
