'Easier Not to Write Than to Write': Justice Sanjay Kishen Kaul Unveils Memoirs 'Without Fear of Favour'
Former SC Judge Justice Sanjay Kishen Kaul discusses his new memoir 'Without Fear of Favour' and his disagreements with Justice DY Chandrachud.
Former Supreme Court judge Justice Sanjay Kishen Kaul is stepping out from behind the judicial bench and into the world of literature with his upcoming memoir, 'Without Fear of Favour'. In a candid conversation, the retired judge revealed the internal struggle he faced before deciding to document his life and career, noting that the act of writing is often far more daunting than remaining silent.
Justice Kaul, who retired on December 25, 2023, held a position of significant seniority in the apex court. Over a tenure spanning more than six years, he authored judgments in 167 cases, leaving a substantial mark on the Indian legal landscape.
The Dilemma of the Pen
Despite persistent interest from publishers even before his retirement—who were drawn to the distinct style of his judgments—Justice Kaul deferred the project until April of last year. He explained that this delay was intentional, driven by a need for perspective and a sense of professional ethics.
According to Justice Kaul, there were three primary reasons for his hesitation:
- Emotional Distance: He believed that being away from the court for some time would allow him to maintain a more dispassionate and objective view of his experiences.
- Professional Courtesy: He did not want to discuss individuals while they were still in office, fearing that his reflections might impede their current performance.
- Filling a Void: He observed a lack of recent personal narratives from the judiciary, noting that while law books are plenty, stories of a "journey in life" are rare.
Justice Kaul also highlighted the current climate of transparency, mentioning that with the press and political systems constantly raising questions, it is no longer possible to keep the inner workings of the judiciary hidden. He believes disclosing how the system operates—including both its positives and negatives—is essential.
Tensions and Truths: On Justice DY Chandrachud
One of the most anticipated aspects of 'Without Fear of Favour' is Justice Kaul's reflection on his time serving alongside former Chief Justice of India (CJI), Justice DY Chandrachud. While Justice Kaul was quick to praise Chandrachud's "judicial heft" and his immense capacity for hard work, he did not shy away from areas of disagreement.
The Appointment Deadlock
The primary point of contention between the two was the process of judicial appointments. Justice Kaul expressed a firm belief that appointments must be handled swiftly to attract and secure the right talent. He recalled a period between January and March where a lack of progress led him to tell the CJI that the current approach "is not going to work."
Justice Kaul suggested that Justice Chandrachud was "too soft" at times and should have pushed the government harder to ensure the process remained efficient rather than cumbersome.
A Clash of Perceptions
The memoir delves into a specific episode where Justice Chandrachud attempted to propose a candidate at the last minute. Justice Kaul cautioned that the proposal would not pass the collegium—a prediction that proved correct, as he himself was not in favor of the appointment.
While acknowledging that the government might have suggested the name, Justice Kaul argued that the judiciary should provide strong reasons and push back to get the government to agree to the collegium's vision.
A Relationship of Respect and Difference
Despite these professional frictions, Justice Kaul describes their relationship as a good one, noting a difference in their social temperaments. While he describes the former CJI as a "little reserved person," Kaul believes he interacted more easily in social settings.
Ultimately, Justice Kaul maintains that while he agreed to various proposals to ensure they moved forward, the differences in their perceptions of how to handle the government and the appointment process are an honest part of his story—one he felt was necessary to share in 'Without Fear of Favour'.