Justice Kaul, in his interview on December 26th, shed light on the inherent challenges and responsibilities of the judiciary, revealing the delicate balance between personal convictions and judicial rulings. “I may not agree with all judgments. I was a party to the Rafale verdict and my own thinking is that we are not to sit in judgment over contracts. There are very limited parameters on which you examine these issues,” he explained. This candid admission showcases the introspective nature of a judge's role, grappling with the complexities of law and personal belief.

Justice Kaul's stance on the issue of bail reflects a progressive approach, at odds with governmental perspectives. “My views on bail are perceived to be fairly liberal and very different from those of the government." This openness about his liberal views offers a window into his judicial philosophy, underscoring a commitment to individual freedoms.

In matters of judicial appointments too, his opinions have often diverged from the government's. “Even on judicial appointments, I’ve held a different view," Justice Kaul remarked, pointing out the friction that can arise in the appointment processes.

Justice Kaul also highlighted the judiciary's duty to maintain a system of checks and balances, an endeavor that occasionally puts it at odds with the government. “All of them will always be a little tough and that is part of the job. They don’t like anybody to interfere and the judiciary’s job is to check and balance. So it is the natural flow of the task that the judiciary has to perform,” he said.

When asked about the current government's approach and the judiciary's response, Justice Kaul gave an analysis of the political landscape, comparing the past and present. He indicated that while the Congress party once had a socialist character and robust opposition, it has now become weakened. “A weak opposition is also a problem. The absence of legislators from the opposition of the Parliament is an important factor. Maybe in public perception, it is their inability to politically handle the government. Now, the court cannot be placed to politically handle the government… The court cannot be the opposition,” he was quoted as saying.

Through these reflections, Justice Kaul underscored the critical need for a strong opposition in democracy and clarified the judiciary's role. His words, “The court cannot be the opposition,” serve as a potent reminder of the judiciary's place in the democratic structure, which is to interpret and apply the law, not to engage in political battles. His insights leave a lasting impression on the importance of maintaining the separation of powers for the health and function of a vibrant democracy.

Justice Kaul, in the latter part of his interview, delved deeper into the dynamics between the judiciary and the executive, emphasizing the judiciary's role as a balancing force. He expressed concern over the expectation placed on the judiciary to intervene in executive matters. “The judiciary is a check and balance but to say, look, the government is doing this wrong and now, you have to do something about it — is wrong. Sometimes we forget the past. When there is a strong executive, there will be a little pushback for the judiciary. From 1990 onwards we have had coalition governments. So the judiciary was able to advance its cause, sometimes even transgress into some areas, I feel,” he articulated. This statement highlights the evolution of the judiciary's role in the context of changing political landscapes and the challenges it faces when confronted with a powerful executive branch.

The interview also touched upon a critical point regarding legislative practices. The interviewer brought up allegations against the Centre for allegedly passing legislation hastily and without adequate debate. Addressing this, Justice Kaul shared his perspective on the distinct responsibilities of the judiciary and the government. He observed that the extent of pre-consultation for legislation is primarily the Parliament’s responsibility. “Now, this government has a system by which apparently – consultation takes place in a different manner… not so much in the public domain but behind closed doors,” he noted, indicating a shift in the current government's approach to legislative consultation, which contrasts with more transparent methods.

Justice Kaul also spoke about the necessity of evaluating the potential impact of laws before they are enacted. He emphasized the importance of a legal impact study, considering the diverse nature of Indian society. “We are a very divided society in some ways. That is, because, politically, either people are with the government or very anti-government. There are many things that the government does, which are good, but maybe things which we may disagree with… traversing that middle path has become more difficult,” he remarked. This statement reflects on the complexities of governance in a politically polarized environment, highlighting the challenges in finding a balanced approach that addresses the myriad needs and viewpoints of a diverse nation.

In the concluding part of his interview, Justice Sanjay Kishan Kaul shared his aspirations for life after retirement, painting a picture of tranquility and personal fulfillment. He revealed his desire to reconnect with his roots in Kashmir, where he owns ancestral property. His plan is to rebuild and restore the house that was once burnt down in the region. “He says that he has attained permission to rebuild the house and will soon begin the process,” Justice Kaul shared, expressing his intent to spend significant time in the serene Union territory, immersing himself in a project that holds personal significance.

Justice Kaul also addressed the common trajectory of judges taking up post-retirement roles in politics or government-appointed positions. In a firm and clear statement, he distanced himself from such paths. “I have done this for almost 40 years as a lawyer and a judge. Then there is Governorship and, the way I see it, it compromises my standing. That means I did things because I wanted something from the government. By God’s grace, I’m not in need of money, so I will work only to keep my mind occupied. If there are arbitrations or opinions that come my way, I will do that at a pace that I can control but, otherwise, I want to spend time with my grandchildren,” he elucidated.

This decision reflects Justice Kaul's commitment to maintaining the integrity and independence he has upheld throughout his career. His disinterest in seeking government favors or positions post-retirement underscores his dedication to the principles of justice and fairness. Instead, he envisions a life focused on personal enrichment, contributing his expertise on his own terms, and cherishing moments with his family, particularly his grandchildren.

Justice Kaul was appointed to the Delhi High Court in 2001

Justice Sanjay Kishan Kaul's remarkable journey in the Indian judicial system is marked by a series of significant appointments, each highlighting his expertise and dedication to the field of law. His career began its ascent in 2001 when he was appointed to the Delhi High Court, a pivotal moment that set the stage for his future contributions to the judiciary.

In the years following his initial appointment, Justice Kaul's legal acumen and leadership skills led him to take on more prominent roles within the judicial system. He served as the Acting Chief Justice of the Delhi High Court, a position that entrusted him with the responsibility of leading one of the country's most important high courts. This role underscored his capability to handle complex legal matters and his commitment to upholding the law.

Justice Kaul's career further advanced as he was appointed Chief Justice of the Punjab and Haryana High Court. Here, he oversaw the administration of justice in two significant states, showcasing his ability to navigate diverse legal landscapes and challenges. His tenure in this position was marked by his balanced and thoughtful approach to legal issues.

His judicial journey also saw him occupying the esteemed position of Chief Justice of the Madras High Court. Leading one of India's oldest and most respected high courts, Justice Kaul demonstrated his profound understanding of the law and his unwavering commitment to justice.

Before his eventual elevation to the Supreme Court, these roles played a crucial part in shaping Justice Kaul's judicial perspective and approach. Each position added to his depth of experience and understanding of the legal system, preparing him for the complex and national-level responsibilities of the Supreme Court.

Justice Kaul's path through various high courts to the apex court of India is a testament to his legal expertise, ethical conduct, and dedication to the rule of law. His career trajectory serves as an inspiring example for aspiring jurists and legal professionals, illustrating the impact one can have through commitment, integrity, and a deep understanding of legal principles. His journey from the Delhi High Court to the Supreme Court encapsulates a career devoted to the service of justice, marked by significant achievements and profound contributions to India's legal landscape.