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Politics The Hindu National Politics • Nov 02, 2026

Justice Sanjay Kishan Kaul Discusses Memoir 'Without Fear or Favour' and Executive Influence Over Supreme Court Collegium

💡 Key Takeaways

•Justice Sanjay Kishan Kaul addressed executive delays in clearing collegium recommendations during discussions on his memoir 'Without Fear or Favour'.
•The former judge emphasized the constitutional importance of maintaining institutional independence in judicial appointments under Article 124 and Article 217.
•Legal and parliamentary stakeholders continue to debate the balance between executive vetting and judicial primacy in the appointment mechanism.

NEW DELHI [NCRBuzz Wire] — **NEW DELHI [NCRBuzz Wire] — Former Supreme Court judge Justice Sanjay Kishan Kaul has brought renewed public and legal attention to the ongoing debate surrounding executive delays in clearing judicial appointments recommended by the Supreme Court Collegium.** Discussing his memoir, 'Without Fear or Favour', Justice Kaul articulated structural concerns regarding how administrative friction impacts the timely elevation of judges and compromises institutional autonomy.

### The Collegium Debate and Executive Friction

**Constitutional neutrality requires a careful balance between the judiciary's primacy in appointments and the executive's role in conducting background checks.** Justice Kaul's remarks underscore longstanding tensions regarding Article 124 and Article 217 of the Constitution of India, which govern the appointment of judges to the Supreme Court and High Courts respectively.

### Stakeholder Perspectives and Institutional Integrity

**Legal experts and constitutional scholars remain divided on the mechanics of judicial appointments, with critics of the collegium system pointing toward opacity while defenders emphasize protection against executive overreach.** Parliamentary discussions and official gazette notifications over the years have continually revisited the Memorandum of Procedure (MoP), seeking to balance transparency with judicial independence as mandated under the constitutional framework.

### What to Watch Next

**Observers will monitor upcoming judicial appointments and potential legislative debates addressing transparency in the collegium system.** Further dialogue among legal practitioners, civil society, and policymakers is anticipated as the judiciary navigates administrative delays and institutional accountability.

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🏛️ Background Context

The Supreme Court Collegium system, established through judicial precedent, manages the appointment and transfer of judges in higher courts, frequently interacting with the Ministry of Law and Justice under the constitutional framework of India.

💡 Citizen & Commuter Quick Explainer (FAQ)

Q1: What is Justice Sanjay Kishan Kaul's memoir about?

Justice Kaul's memoir, titled 'Without Fear or Favour', reflects on his judicial career, constitutional principles, and challenges surrounding the judiciary and executive relations.

Q2: Why are there delays in the collegium system?

Delays often stem from procedural friction and administrative reviews between the executive branch and the Supreme Court Collegium regarding candidate background checks and clearances.

Q3: What constitutional articles govern judicial appointments in India?

Articles 124 and 217 of the Constitution of India govern the appointment of judges to the Supreme Court and High Courts respectively.

Verified Wires: The Hindu National Politics Original Wire Dispatch ↗

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