In a first, SC admin writes to govt, seeks Chandrachud’s ouster from CJI residence

The Supreme Court administration has, in an unprecedented move, written to the Centre to get the official residence of the Chief Justice of India in Delhi vacated, noting that the current occupant, former CJI DY Chandrachud, has stayed beyond the permissible period.

In a communication on July 1 to the Ministry of Housing and Urban Affairs (MoHUA), the apex court administration said the designated residence for the sitting CJI — Bungalow No. 5 on Krishna Menon Marg — be vacated and returned to the court’s housing pool, news agency PTI has reported citing sources.

Six months up

The letter requested the MoHUA secretary to take possession of the bungalow from the former CJI without any further delay as not only the permission that was granted to him for retention of the accommodation expired on May 31 but also the period of six months provided under the 2022 Rules, on May 10.

Under Rule 3B of the Supreme Court Judges (Amendment) Rules, 2022, a retired Chief Justice of India can retain a Type VII bungalow, a level below the 5, Krishna Menon Marg bungalow, for a maximum period of six months post-retirement.

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Justice Chandrachud, who served as the 50th CJI between November 2022 and November 2024, is currently occupying the official residence of Chief Justice of India nearly eight months after demitting office.

Two CJIs opt out of official residence

Former Chief Justice of India Sanjiv Khanna, who succeeded Justice Chandrachud, chose not to move into the official accommodation during his six-month tenure. Even incumbent CJI BR Gavai opted to continue living in a previously allotted bungalow.

On December 18 last year, Justice Chandrachud wrote to then CJI Khanna, requesting him to allow him to continue residing in the 5, Krishna Menon Marge residence till April 30, 2025, saying although he has been allotted Bungalow No. 14 on Tughlak Road in accordance with the 2022 rules, it was still being renovated.

Then CJI Khanna gave his nod, following which MoHUA approved the retention of the type VIII bungalow at Krishna Menon Marg by Justice Chandrachud from December 11, 2024, to April 30, 2025 on payment of licence fees of around Rs 5,000 per month.

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Extensions granted

The ministry conveyed the approval to the Supreme Court administration by a letter of February 13.

Subsequently, Justice Chandrachud made an oral request to then CJI Khanna to continue residing in the same residence till May 31, which was also approved by the then CJI with a condition that no further extension would be granted, as several new judges had to put up in guest houses or make alternate arrangements for accommodation in the national capital.

The July 1 letter of the apex court administration further flagged the breach of both the timelines and the legal framework, and said the Krishna Menon Marg residence was permitted due to “special circumstances”, and the understanding was that it would be vacated after the agreed-upon extension till May-end.

It requested the Centre to take possession of the official CJI bungalow without any further delay and inform the Supreme Court.

Former CJI’s requirements

The communication of this nature to the government is a rarity for vacating the official CJI residence — that too from a former CJI.

According to sources, many CJIs have been informally granted extension to stay in the official residence for a limited time of a couple of months, till they make appropriate arrangements for their accommodation post-retirement.

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PTI cited sources as confirming that Justice Chandrachud has, in his earlier communications, informed the apex court about the delay in moving out of the 5, Krishna Menon Marg residence in view of making the Tughlak Road Bungalow liveable for his family, especially his two daughters with special needs, who are undergoing treatment at AIIMS.

PTI also cited sources as confirming that Justice Chandrachud wrote to then CJI Khanna in April informing him that he was in the process of shortlisting an accommodation in accordance with the special needs of his daughters and urged extension of time for vacating the official residence till June 30.

(With agency inputs)