Privilege, propriety, principle: Justice Chandrachud’s defense of prolonged stay at CJI bungalow begs many questions

Back in 2016, the Supreme Court described as “malpractice” the tendency of former MPs and ministers to overstay in government accommodation, and laid down a set of guidelines. The court went so far as to say that such actions by public representatives should be treated as a breach of privilege.

Published Jul 09, 2025 | 6:10 PMUpdated Jul 09, 2025 | 6:10 PM

Privilege, propriety, principle: Justice Chandrachud’s defense of prolonged stay at CJI bungalow begs many questions

Synopsis: That both Justice Khanna and the current Chief Justice, Justice Gavai, have chosen not to use the official CJI residence is nobody’s business. But in plain and simple terms, Justice Chandrachud is not entitled to continue occupying it. It is only natural that people expect those who once preached from the hallowed halls of the Supreme Court to follow the very path and principles they laid down.

On 1 July, the Supreme Court administration wrote to the Union Ministry of Housing and Urban Affairs, seeking its intervention to get former Chief Justice DY Chandrachud to vacate the bungalow meant for the Chief Justice of India at 5, Krishna Menon Marg, which he continues to occupy eight months after leaving office.

The Court has asked that the bungalow be returned to the Supreme Court housing pool without further delay.

Justice Chandrachud subsequently offered an elaborate explanation as to why and how he could not vacate the bungalow within the stipulated time, citing the specific requirement of his two special needs children suffering from rare neuro disorders.

He is now preparing to vacate the bungalow and move into another government house for a further period of six months.

Yet, Justice Chandrachud’s explanation has raised more questions than it has answered.

Also Read: Justice Chandrachud’s mega-legacy could sink India’s electoral democracy

Generous entitlements and extensions 

Since his retirement in November 2024, Justice Chandrachud has already availed himself of government accommodation for more than six months.

As per Rule 3B of the Supreme Court Judges (Amendment) Rules, 2022, a retired Chief Justice of India is entitled to retain a Type VII bungalow – one level below the 5, Krishna Menon Marg residence – for a maximum of six months post-retirement, rent-free.

These rules were amended shortly before Justice NV Ramana demitted office as Chief Justice in August 2022, a facility not available to retiring Chief Justices until then.

Going by this, Justice Chandrachud enjoyed the benefit of a government accommodation (even if in his case, the official residence of the CJI itself and a step above in grade than he is entitled to) till April 30, 2025.

An extension was then sought by him, and his successor, Chief Justice Sanjiv Khanna, granted it until 31 May, with the condition that no further extensions would be permitted. Since this deadline was not honoured, the SC administration wrote to the MOHUA on July 1.

For all practical purposes, Justice Chandrachud has already enjoyed government accommodation for over eight months, exceeding the six-month benefit allowed under the amended rules.

On what grounds he is now seeking allotment of another bungalow for a further six months is a question to which neither he has provided an answer, nor has it been asked of him.

Also Read: CJI Gavai: Principle of ‘bail is the rule, jail the exception’ not followed in recent times

The curious case of Bungalow No 14

The second, and perhaps more curious, matter is that of Bungalow No 14 on Tughlaq Road – a house Justice Chandrachud once occupied and reportedly expects the same to be allotted again.

He was living in this bungalow as a judge of the Supreme Court until his elevation as CJI in November 2022, following which he moved to 5, Krishna Menon Marg.

Sources in the Supreme Court told South First that three months after becoming Chief Justice, Justice Chandrachud technically “surrendered” the Tughlaq Road bungalow to the housing pool.

Yet, for reasons unknown, the bungalow remained unallotted throughout his tenure as Chief Justice, until November 2024, even as newly appointed judges of the Supreme Court stayed in flats for want of bungalows.

Why Justice Chandrachud, as Chief Justice – the “master of the roster” and head of the judiciary – kept this bungalow in the SC housing pool without making any effort to utilize it for the benefit of his fellow judges is not known.

Justice Chandrachud now claims that repairs to Bungalow 14 are still ongoing and that this is why he could not vacate the residence meant for a sitting Chief Justice.

Why were repairs not carried out to this bungalow for two years under his administration?

And besides, the fact that these repairs are needed precisely because the bungalow has remained in disuse since Chandrachud last vacated it – and that, had it been allocated to a judge in the meantime, such repairs might not have been necessary – is another matter altogether.

Also Read: Fire, smoke and vanishing cash at a judge’s house: What we know, what we don’t know

Standards set vs standards followed

That both Justice Khanna, who served as CJI for barely six months after Chandrachud, and the incumbent, Justice Gavai – due to retire this November – have chosen not to use the official CJI residence is nobody’s business.

But in plain and simple terms, Justice Chandrachud is not entitled to continue occupying it.

It is only natural that people expect those who once preached from the hallowed halls of the Supreme Court to follow the very path and principles they laid down.

Back in 2016, the Supreme Court described as “malpractice” the tendency of former MPs and ministers to overstay in government accommodation, and laid down a set of guidelines.

The court went so far as to say that such actions by public representatives should be treated as a breach of privilege.

In the case of judges, the apex court mandated that they must vacate government accommodation within a month of retirement.

A former Supreme Court judge remarked that however noble Justice Chandrachud’s role in raising two special children may be, the harsh truth is that India has an estimated 1.8 crore homeless children.

Facing multiple vulnerabilities – from lack of basic needs to exposure to hazards and potential exploitation – they are the ones who deserve urgent attention.

Milords could do better.

(Edited by Dese Gowda)

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