Former Judge Sanjay Kishan Kaul Defends Judicial Neutrality

Former Supreme Court judge Sanjay Kishan Kaul cautioned the judiciary against becoming a political platform for opposition parties to attack ruling entities. Speaking during a legal challenge to the Election Commission of India's Special Intensive Revision exercise, Kaul argued that courts must serve as constitutional checks and balances rather than tools for political sparring. He noted that extreme polarization often obscures the fact that rulings against a government are a functional duty rather than a sign of bias.

In a separate interview, Kaul addressed his role in the December 2023 decision to uphold the abrogation of Article 370. He stated that his identity as a judge superseded his background as a Kashmiri Hindu. While upholding the abrogation, he authored a concurring opinion recommending an impartial Truth and Reconciliation Commission to investigate human rights violations in Jammu and Kashmir since the late 1980s to facilitate healing.

Kaul also defended the Supreme Court's review of the Rafale fighter jet deal, asserting that judicial review should not replace executive and technical expertise in defense procurement. Additionally, he dismissed claims of political alignment with the Cockroach Janata Party, clarifying that a viral photograph with party leader Saurav Das was from an informal Diwali gathering held a year prior.