IndiaPosted at: Oct 25 2026 1:30PM


Jairam Ramesh cites Justice Kaul’s book to question Judicial Independence under Modi govt

New Delhi, Oct 25 (UNI) Congress general secretary in-charge of communications Jairam Ramesh on Sunday questioned the independence of the judiciary under the Narendra Modi government, citing revelations in a book by former Supreme Court judge Justice Sanjay Kishan Kaul about alleged executive interference in judicial appointments, pressure on the collegium system and the handling of sensitive cases in the country’s highest court.
In a post on social media platform X, Ramesh said Justice Kaul’s account had brought renewed attention to concerns over the separation of powers and the judiciary’s ability to function independently of the executive. He pointed to the former judge’s descriptions of alleged attempts to influence judicial appointments, questions raised over the caste of a proposed judge from a minority community and the reported practice of seeking government approval before collegium meetings.
Ramesh also referred to remarks attributed to former Chief Justice of India D Y Chandrachud regarding consultations between the government and the Chief Justice before judicial appointments, arguing that such interactions raised important questions about the autonomy of the constitutional process. The Congress leader maintained that the issue was not merely procedural but went to the heart of judicial independence and the balance of power between the executive and the judiciary.
He further highlighted Justice Kaul’s account of developments concerning a case under the Prevention of Money Laundering Act (PMLA). According to Ramesh, after a bench headed by Justice Kaul raised the possibility of reconsidering certain aspects of an earlier judgment in the case, the matter was placed before another bench without any discussion with him.
Describing the episode as a matter requiring scrutiny, Ramesh questioned the circumstances in which sensitive cases were assigned to different benches and whether such decisions could undermine confidence in the impartial administration of justice. He argued that judicial independence depended not only on the process of appointing judges but also on their ability to hear and decide cases without external pressure or interference.
Ramesh said questions must be raised wherever there are concerns about government influence over judicial appointments or the reassignment of benches hearing sensitive matters, maintaining that accountability was essential to safeguarding democracy. He stressed that the judiciary, as the institution entrusted with upholding the Constitution and protecting citizens’ rights, must remain free from political influence.
The controversy has revived the longstanding debate over the balance of power between the executive and the judiciary in India, particularly over the appointment and transfer of judges. Under the collegium system, senior judges of the Supreme Court recommend appointments and transfers, while the government processes the recommendations and can return them for reconsideration. Disagreements have persisted over delays in appointments, the return of recommendations and the extent to which the executive should have a say in the process.
In 2015, the Supreme Court struck down the National Judicial Appointments Commission (NJAC), introduced through a constitutional amendment in 2014, restoring the collegium system. The court held that the proposed framework compromised judicial independence. Successive governments have raised concerns about the collegium’s transparency and accountability, while the judiciary has maintained that appointments must be protected from executive dominance to preserve the constitutional separation of powers.
Ramesh’s intervention adds to the Congress’s broader criticism of the Modi government over the functioning of constitutional institutions. By invoking Justice Kaul’s account and the reported exchanges between the executive and the judiciary, the Congress leader has sought to place the spotlight on a larger institutional question: whether judges can discharge their constitutional responsibilities without fear, favour or political pressure.
The allegations and concerns cited by Ramesh underscore the importance of transparency in judicial appointments and the impartial allocation of cases. They also renew scrutiny of the safeguards needed to ensure that neither the appointment of judges nor the administration of justice is shaped by political considerations, with public confidence in the judiciary ultimately depending on its ability to act independently of those in power. UNI SKA AAB
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