The Supreme Court administration's recent request to the Union Government to reclaim the official residence of the Chief Justice of India, currently occupied by former CJI DY Chandrachud, has reportedly caused reluctance among government officials to intervene. Justice Chandrachud, who served as the 50th CJI between November 2022 and November 2024, has remained in the Type VIII bungalow beyond the permissible period.
As per Rule 3B of the Supreme Court Judges Rules, a retired Chief Justice is entitled to a rent-free Type-VII accommodation in Delhi (other than the designated official residence) for six months post-retirement. This period ended on May 10, 2025, for Justice Chandrachud. Furthermore, the Supreme Court administration's letter to the Ministry of Housing and Urban Affairs (MoHUA) stated that the permission granted for Justice Chandrachud to retain the bungalow expired on May 31, 2025. The letter urged the Ministry to take possession of Bungalow No. 5 on Krishna Menon Marg "without any further delay".
Justice Chandrachud has cited "compelling personal circumstances" for the overstay, informing the Supreme Court administration of the reasons. He explained that he has two adopted daughters with severe co-morbidities and rare genetic problems who are wheelchair-bound, and he was searching for a wheelchair-accessible residence. He mentioned that the government has allotted him alternative accommodation on rent, but it has been undergoing repairs and renovation as it had been unused for at least two years. Justice Chandrachud also stated that he had informed then Chief Justice Khanna in April that he was searching for suitable accommodation and requested to stay in the bungalow until June 30, but he received no reply. He also discussed the matter with Chief Justice BR Gavai and assured him he would move out as soon as possible.
Adding to the complexity, two successive CJIs, Justices Sanjiv Khanna and Bhushan R Gavai, chose not to move into the official residence, continuing to reside in their previously allotted bungalows. This situation allowed Justice Chandrachud to remain in the Type VIII bungalow for nearly eight months after his retirement.
The Supreme Court administration's letter marks a rare instance of formal intervention to reclaim its highest official residence from a former occupant, especially a former CJI. While informal extensions and grace periods are not uncommon, a letter seeking urgent action is unusual at this level. The July 1 letter also noted that Justice Chandrachud made an oral request to the CJI to continue residing at the premises until May 31, 2025, which was granted with the condition that no further extension would be allowed, as other judges elevated in the interim were living in guest houses or waiting for bungalow allotment. The letter underscored that both the permission timeline and the statutory framework had been breached, as Rule 3B entitles a retired Chief Justice to a Type VII residence for six months, a period that ended on May 10, 2025, for Justice Chandrachud.
The situation has reportedly placed government officials in a delicate position. Intervening in the matter could be perceived as overreach or disrespect towards the judiciary's independence. However, the Supreme Court administration's formal request puts pressure on the government to act in accordance with the rules and regulations governing official residences. The reluctance to interfere likely stems from the sensitivity of the issue and the potential for public scrutiny and criticism.
