Newdelhi: The Congress on Sunday raised what it termed serious questions concerning judicial independence under the Modi government, citing allegations made in former Supreme Court judge Justice Sanjay Kishan Kaul's yet-to-be-released memoir. The opposition party stated that the institution tasked with upholding the Constitution must remain entirely free from pressure exerted by those in power.
Congress general secretary in charge of communications Jairam Ramesh pointed to media reports detailing the pre-publication manuscript of Justice Kaul's book, titled Without Fear or Favour. According to the reports, the manuscript alleges that former Chief Justice of India D Y Chandrachud was overly deferential to the executive branch regarding judicial appointments.
Writing on social media, Ramesh stated that the forthcoming book highlights multiple concerning developments, including alleged government interference in the appointment process, attempts to secure clearance prior to Collegium meetings, and executive inquiries regarding the caste background of a judge belonging to a minority community.
Ramesh remarked that matters previously discussed behind closed doors or with hesitation have now been systematically documented by Justice Kaul using careful language. He noted that former Chief Justice Chandrachud has acknowledged that consultations take place between the government and the chief justice during the appointment phase, deepening existing anxieties about institutional autonomy.
The Congress leader also referenced an episode described in the memoir where a matter was reportedly reassigned to a different bench without consulting Justice Kaul, after a bench led by him considered re-evaluating aspects of a previous ruling under the Prevention of Money Laundering Act.
Ramesh argued that such incidents demonstrate daily executive meddling in the operations of the apex court. He questioned whether pressure to clear appointments through the government and the shifting of sensitive cases amounted to undue influence over the judicial branch, emphasizing that judicial independence is a fundamental necessity for democratic governance.