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The article details a request from the Supreme Court administration to the Union government for the immediate vacation of the official Chief Justice of India's residence, currently occupied by former CJI DY Chandrachud. This request stems from the fact that Justice Chandrachud has remained in the designated bungalow, located at No. 5 Krishna Menon Marg in Lutyens’ Delhi, for approximately eight months beyond the stipulated timeframe allowed for former Chief Justices. The situation is further complicated by the fact that both of Justice Chandrachud’s successors, Justices Sanjiv Khanna and the incumbent CJI Bhushan R Gavai, have opted not to occupy the official residence, preferring to remain in their previously assigned accommodations. This decision has left the Type VIII bungalow, typically reserved for the sitting Chief Justice, occupied by a retired justice, prompting the Supreme Court administration to formally address the matter with the Union government, specifically the Ministry of Housing and Urban Affairs (MoHUA), which oversees the allocation of such residences. The core of the issue revolves around the established protocols and rules governing the allocation and retention of government-provided housing for judges of the Supreme Court, particularly concerning the Chief Justice's official residence. These rules are designed to ensure a smooth transition between officeholders and to maintain the integrity of the allocation process. The Supreme Court's request highlights the importance of adhering to these regulations, even in situations where extenuating circumstances may exist. The article suggests that Justice Chandrachud's continued occupancy is not entirely without justification. He had apparently requested an extension to his stay, citing delays in renovation work at his newly allotted residence, Bungalow No. 14 on Tughlak Road. This request, made in a letter to then-Chief Justice Sanjiv Khanna, sought permission to remain at 5 Krishna Menon Marg until April 30, 2025. Justice Chandrachud's letter explained that the renovation delays were attributable to restrictions on construction activity under the Graded Response Action Plan (GRAP-IV), which is implemented to combat air pollution in Delhi. He also offered to surrender the Tughlak Road bungalow so it could be allotted to another judge, demonstrating a willingness to cooperate and avoid disrupting the housing arrangements for other members of the judiciary. Despite these circumstances, the Supreme Court administration's decision to formally request the vacation of the bungalow indicates a prioritization of adherence to established rules and procedures. This decision may be influenced by a desire to avoid setting a precedent that could lead to future complications or disputes regarding the allocation of official residences. It also underscores the importance of maintaining institutional integrity and ensuring that all members of the judiciary are treated equally under the rules. The article provides context by referencing Rule 3B of the Supreme Court Judges (Amendment) Rules, 2022, which governs the retention of government-provided accommodation by retired Chief Justices. This rule allows a retired Chief Justice to retain Type VII accommodation (one category below the Type VIII residence at Krishna Menon Marg) for up to six months after demitting office. The fact that Justice Chandrachud has remained in the Type VIII bungalow for longer than this period necessitates the Supreme Court administration's intervention. The Ministry of Housing and Urban Affairs had initially granted Justice Chandrachud permission to retain the bungalow until April 30, 2025, following then CJI’s approval. However, the current situation suggests that the Supreme Court administration now deems it necessary to reclaim the residence for its intended purpose, namely, to serve as the official residence of the sitting Chief Justice of India. This could be driven by various factors, including the need to prepare the residence for future occupancy or a reassessment of the overall housing situation within the Supreme Court. Ultimately, the article presents a situation involving the intersection of personal circumstances, established rules and procedures, and institutional considerations within the Indian judicial system. It highlights the complexities involved in managing the allocation of government-provided housing for high-ranking officials and the importance of maintaining transparency and adherence to regulations to avoid potential conflicts or perceptions of impropriety.
The situation raises several important questions about the balance between individual needs and institutional requirements. While Justice Chandrachud's request for an extension was based on legitimate concerns about renovation delays at his new residence, the Supreme Court administration's decision to request the vacation of the official bungalow underscores the importance of adhering to established timelines and procedures. This decision reflects a commitment to ensuring that the Chief Justice's residence is available for the sitting Chief Justice, as intended. Furthermore, the fact that both Justices Khanna and Gavai have declined to occupy the official residence adds another layer of complexity to the situation. Their decision to remain in their previously assigned accommodations raises questions about the desirability or suitability of the official residence itself. It is possible that they prefer the familiarity and convenience of their existing homes or that they have specific reasons for not wanting to move into the larger and more prestigious bungalow. Whatever their motivations, their choices have contributed to the current situation by leaving the official residence unoccupied and available for Justice Chandrachud to continue using it. The article also highlights the role of the Ministry of Housing and Urban Affairs in managing the allocation of government-provided housing. The ministry's initial decision to grant Justice Chandrachud an extension to his stay demonstrates a willingness to accommodate individual circumstances. However, the Supreme Court administration's subsequent request for the vacation of the bungalow suggests that the ministry may need to reassess its policies and procedures to ensure greater consistency and adherence to established timelines. One potential solution would be to establish clearer guidelines for granting extensions to retired judges, taking into account factors such as renovation delays and the availability of alternative accommodations. Another option would be to review the suitability and desirability of the official residence itself, considering the preferences of current and future Chief Justices. It is also important to ensure that the rules governing the allocation of government-provided housing are transparent and consistently applied to all members of the judiciary. This would help to avoid potential conflicts or perceptions of favoritism and to maintain public confidence in the integrity of the judicial system. The article serves as a reminder of the importance of balancing individual needs with institutional requirements and of the need for clear and transparent policies to govern the allocation of government-provided housing for high-ranking officials.
In analyzing this scenario, it is crucial to consider the potential implications of allowing former CJIs to overstay their allotted time in the official residence. While Justice Chandrachud's case might seem exceptional due to the renovation delays, granting such extensions could set a precedent that complicates future transitions and potentially leads to disputes over housing allocations. The Supreme Court's action can be interpreted as a proactive measure to safeguard the integrity of the established system and prevent future situations where adherence to the rules is compromised. Furthermore, the fact that Justices Khanna and Gavai opted out of occupying the CJI's official residence raises questions about the necessity and relevance of maintaining such a grand residence. Perhaps a reevaluation of the needs and preferences of the Chief Justice regarding housing is warranted. A smaller, more functional residence might be preferred by some, and the resources allocated to maintaining the current bungalow could be redirected to other areas within the judiciary. It is also important to acknowledge the symbolic significance of the CJI's residence. It represents the highest office within the Indian judiciary and, as such, should be readily available for the current incumbent. The situation involving Justice Chandrachud's continued occupancy, while understandable given the circumstances, could be perceived as undermining the authority and prestige of the CJI's position. In conclusion, the article highlights a complex situation involving the interplay of personal circumstances, established rules, and institutional considerations within the Indian judicial system. The Supreme Court's request for Justice Chandrachud to vacate the CJI's residence underscores the importance of adhering to established procedures and maintaining the integrity of the system for allocating government-provided housing. While the situation might seem like a minor administrative matter, it raises important questions about the balance between individual needs and institutional requirements, the suitability of the CJI's official residence, and the need for clear and transparent policies to govern housing allocations for high-ranking officials. The resolution of this situation will likely have implications for future transitions and could prompt a reevaluation of the housing policies and procedures within the Indian judiciary. It exemplifies a larger challenge in any governmental system: how to balance individual accommodations with systemic fairness and institutional integrity.
Source: Supreme Court Admin Seeks Removal Of Justice DY Chandrachud From CJI's Official Bungalow