Supreme Court seeks vacation of ex-CJI Chandrachud's bungalow due to shortage

Supreme Court seeks vacation of ex-CJI Chandrachud's bungalow due to shortage
  • SC asks Centre to take back Justice Chandrachud's bungalow.
  • He says only a few days needed for repairs.
  • Accommodation shortage cited as reason for the request.

The article reports on a request from the Supreme Court administration to the Ministry of Housing and Urban Affairs, seeking the return of the bungalow currently occupied by former Chief Justice of India (CJI) D.Y. Chandrachud. The request is driven by a shortage of suitable accommodation for sitting judges of the Supreme Court. The administration's letter, dated July 1st, highlights that the allowed period for Justice Chandrachud to retain the official residence, 5 Krishna Menon Marg, has already expired according to Rule 3B of the Supreme Court Judges Rules, 2022, which grants retired CJIs a six-month grace period post-retirement. Justice Chandrachud retired in November 2024, making the initial deadline for vacating the premises in May 2025. He had initially requested an extension until April 30, 2025, which was granted. Subsequently, he sought a further extension until June 30, 2025, citing difficulties in securing appropriate housing that could accommodate the specific needs of his two daughters with special needs. This second request, however, appears to have not received a formal response, although Justice Chandrachud claims to have discussed the matter telephonically with the current CJI, B.R. Gavai, explaining that he had been allotted a rented accommodation undergoing repairs, with the contractor promising completion by June 30th. He indicated the delays are minimal and the completion is imminent. Justice Chandrachud also emphasized that granting extensions for official accommodation is not an unusual practice, highlighting his previous preference to remain in transit accommodation (14, Tughlaq Road) even after becoming CJI, before relocating to the designated CJI residence due to space constraints for official duties. He recounts staying at Uttar Pradesh Sadan for six months before being allotted a proper bungalow when first appointed as a Supreme Court judge. Supreme Court sources corroborate the accommodation shortage, noting that with 33 judges currently serving, the demand for suitable housing is consistently high. The administration awaits a response to their July 1st letter, further emphasizing the pressure to reclaim the bungalow. This situation underscores the logistical challenges faced by the judiciary in providing adequate housing for its members, especially amidst increasing demand and pre-existing norms for retired CJIs. The case also highlights the personal difficulties judges may face in transitioning to private accommodations after a career spent in public service, particularly when considering family needs and the complexities of securing suitable and accessible housing within a reasonable timeframe. Furthermore, the issue raises questions about the existing rules and regulations regarding post-retirement housing for CJIs and whether the current six-month grace period is sufficient, especially given the potential challenges in finding appropriate housing and completing necessary renovations. This situation necessitates a transparent and efficient process for managing judicial accommodations, balancing the needs of both serving and retired judges, and ensuring fairness and equity in the allocation of public resources. The administration's promptness may also signal an effort to strictly enforce accommodation rules, leaving less room for individual circumstances to influence decisions. It also serves as a reminder of the administrative complexities inherent in a system that strives to maintain decorum, protocol, and equitable distribution of resources within the judicial branch. Further development of policies on judicial transition periods seems vital.

The underlying issue revolves around the delicate balance between providing necessary accommodation to sitting Supreme Court judges and accommodating the transition of retired Chief Justices. The Supreme Court, being the highest judicial body in India, requires its judges to reside in appropriate housing befitting their status and responsibilities. The availability of such housing directly impacts their ability to perform their duties effectively. With a full complement of 33 judges, the demand for official residences is consistently high, and any shortage can create logistical challenges. On the other hand, retired Chief Justices also require reasonable time and support to transition to private accommodations. The existing rules, as exemplified by Rule 3B of the Supreme Court Judges Rules, 2022, recognize this need by granting a six-month grace period. However, as highlighted by the case of Justice Chandrachud, unforeseen circumstances, such as difficulties in finding suitable housing for family members with special needs, can necessitate extensions beyond the stipulated timeframe. The article reveals that Justice Chandrachud's situation is not just a matter of personal convenience, but also involves legitimate considerations regarding his family's welfare. The fact that his daughters require specialized accommodations underscores the complexities involved in transitioning to a new residence. Moreover, the delay in completing repairs on the rented accommodation further complicates the situation. This highlights the potential disconnect between bureaucratic timelines and the practical realities faced by individuals seeking housing in a dynamic market. While the Supreme Court administration's concern about the accommodation shortage is understandable, it is also important to consider the human aspect of the situation. A compassionate and pragmatic approach is needed to ensure that retired judges are given adequate support during their transition while simultaneously addressing the housing needs of sitting judges. This could involve exploring alternative solutions, such as providing temporary housing options or streamlining the process for allotting rented accommodations. It could also involve reassessing the current rules and regulations to ensure that they are flexible enough to accommodate unforeseen circumstances without compromising the overall efficiency of the judicial system.

The case also sheds light on the bureaucratic processes involved in managing judicial accommodations. The fact that the Supreme Court administration had to write to the Ministry of Housing and Urban Affairs underscores the complex chain of command involved in allocating and managing official residences. The communication between different government bodies can sometimes be slow and inefficient, leading to delays in resolving housing issues. In this particular case, the lack of a formal response to Justice Chandrachud's second request for an extension suggests a breakdown in communication or a lack of coordination between the Supreme Court and the relevant government agencies. The delay in responding to Justice Chandrachud's request could be interpreted as a sign of bureaucratic inertia or a lack of sensitivity to his personal circumstances. While the Supreme Court administration may have legitimate reasons for seeking the return of the bungalow, it is important to ensure that the decision-making process is transparent and fair. Justice Chandrachud's claim that he had a telephonic conversation with the current CJI, B.R. Gavai, highlights the informal channels of communication that often operate within the judicial system. While these informal channels can be helpful in resolving issues quickly, they can also create perceptions of favoritism or unfairness. To ensure transparency and accountability, it is important to formalize the process for managing judicial accommodations and to establish clear criteria for granting extensions or exemptions. This would help to avoid any potential conflicts of interest and ensure that all judges are treated equally. Moreover, the case highlights the need for better communication and coordination between the Supreme Court and other government agencies involved in managing judicial accommodations. This could involve establishing a dedicated liaison office or creating a centralized database of available housing options. By streamlining the process for managing judicial accommodations, the government can help to ensure that both sitting and retired judges have access to suitable housing without undue delay or inconvenience.

Source: Supreme Court administration asks Centre to take back CJI bungalow allotted to Justice Chandrachud, he says ‘only a matter of a few days’

Post a Comment

Previous Post Next Post