As Justice DY Chandrachud is set to become India's 50th Chief Justice, here is a quick look at his over six-year career as a Supreme Court Judge and some of his landmark judgements.
As India's 50th CJI, Justice Chandrachud, will be at the helm of affairs at the Supreme Court during crucial events in the future. (Photo: File)
After over six years as a judge of the top court of the country, Justice DY Chandrachud is set to take oath as the 50th Chief Justice of India (CJI) on Wednesday.
It will also be a historic moment in the country’s judicial history as this will make Justice Chandrachud and his father, former CJI YV Chandrachud, the only father-son duo to have reached the position of the CJI.
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To say that Justice Chandrachud’s tenure as the CJI has been an anticipated one would be an understatement. Though Justice Chandrachud, throughout his tenure at the Supreme Court (SC), has been on the receiving end of both compliments and criticism, it’s no secret that a large section of the population has been waiting for him to adorn the seat of the highest judicial officer of the country.
CHANDRACHUD AS JUSTICE
Over all these years, Justice Chandrachud, who will be at the helm of affairs at the Supreme Court during crucial events in the future, has been known as someone who always speaks his mind by some and ‘ the liberals’ favourite and a progressive judge by others.
The country has its 50th CJI with the courage of conviction, someone who has had an ardent commitment to the primacy of citizens’ fundamental rights, a quality which has shone in his judgements.
With several dissenting opinions, well-crafted judgments, and inspiring and empathetic observations, Justice Chandrachud has, through his judgments, made observations on crucial issues of fundamental rights, privacy, gender sensitisation, and rights of women and LGBTQ+, amongst others.
FEARLESS VOICE
Admired for his intellectual ability and exceptional jurisprudential acumen, an important quality that also sets him apart is his constant effort to promote a progressive and positive outlook on women’s rights.
He has been lauded for his fearless voice against patriarchal notions and batting for women's empowerment, both inside and outside the courtroom.
In fact, speaking at an event recently, he recommended law graduates to incorporate feminist thinking while dealing with the law.
He has also impressed the legal fraternity with his calm demeanour during court hearings. Young lawyers often compliment him for giving them a chance and motivating them to argue before the court.
MILLENNIALS FAVOURITE
Justice Chandrachud has also been popular amongst the millennials and the younger generation. In the present time and age, the younger generation gives primacy to respecting choices, consent, and opinions, challenging stereotypes, breaking the shackles of regressive beliefs, and a progressive outlook.
And Justice Chandrachud’s judgments over these years have touched upon most of these aspects.
JUDGEMENTS
On the day that India gets its 50th Chief Justice, here is a quick look at some of his crucial judgments.
RIGHT TO PRIVACY
In August 2017, the Supreme Court 9-judge bench unanimously held the right to privacy to be a fundamental right. The main judgment drafted by Justice Chandrachud on behalf of himself and three other judges which that privacy attaches to the person since it is an essential facet of the dignity of the human being. Through this judgement, he overturned his father, former CJI YV Chandrachud’s ruling in the famous ADM Jabalpur case.
SECTION 377
Justice Chandrachud was part of the Supreme Court’s constitution bench, which had de-criminalised same-sex consensual sex by striking down parts of section 377. Justice Chandrachud had, in his concurring verdict, said that a hundred and fifty-eight years is too long a period for the LGBT community to suffer the indignities of denial.
In fact, in the recent verdict on abortion laws, Justice Chandrachud’s bench batted for inclusivity by saying that judgment would not be limited to cis-gender women but would, in fact, be applicable to all persons who may require access to safe medical termination of their pregnancies.
AADHAAR ACT
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Justice D.Y. Chandrachud had also dissented against the majority constitution bench’s verdict, which upheld the Aadhaar Act in 2018, and said that in a digital society, an individual has the right to protect herself by maintaining control over personal information.
SABARIMALA VERDICT
In the Sabarimala verdict, Justice Chandrachud was also part of the bench, which held that the practice of denying entry to women of menstruating age was unconstitutional.
BHIMA KOREGAON
In the case pertaining to the arrest of 5 activists in Bhima Koregaon, where the Supreme Court had refused to interfere, Justice Chandrachud had given a dissenting judgment and had put forth his strong opinions on the importance of dissent in a democracy.
He had said that dissent is a symbol of a vibrant democracy, and voices in opposition cannot be muzzled by persecuting those who take up unpopular causes.
PERMANENT COMMISSION
In yet another crucial verdict directing the grant of a Permanent Commission to women in the army, Justice Chandrachud-led bench held that absolute exclusion of women from command assignments was unjustified and violative of the Constitution.
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Going a step further, Justice Chandrachud, in his judgement, spoke about gender role stereotypes, saying that there is a need for change in mindsets to bring about true equality in the Army.
STRUCK DOWN SECTION 497
In SC’s verdict decriminalising adultery and striking down Section 497 of the IPC, Justice Chandrachud stressed the need to ensure that patriarchal social values and legal norms are not permitted to further obstruct the exercise of constitutional rights by the women of our country.
Calling section 497 destructive for depriving a woman of her agency, autonomy and dignity, he had said that misogyny and patriarchal notions of sexual control find no place in a constitutional order which has recognised dignity as intrinsic to a person.
While saying that the law shouldn’t decide the beneficiaries of a statute based on narrow, patriarchal stereotypes of what constitutes permissible sex, a bench headed by Justice DY Chandrachud delivered a crucial verdict with regard to women’s right to reproductive and bodily autonomy, where it said that all women, married or unmarried, are entitled to safe and legal abortion.
CONDEMNED TWO-FINGER TEST
In another important judgment concerning women’s rights, Justice Chandrachud- led bench recently slammed the two-finger test in rape cases and said that it’s patriarchal and sexist to suggest that a woman cannot be believed when she states that she was raped merely because she is sexually active.
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The court said that the two-finger test must not be conducted, as it has no scientific basis and is based on an incorrect assumption that a sexually active woman cannot be raped.
With Justice Chandrachud’s swearing-in ceremony on the 9th of November, he is succeeding the 49th CJI UU Lalit after he retired on the 8th of November after a short 74-day tenure.
On Justice Lalit’s last working day as the CJI, Justice Chandrachud said that he has "very big-sized shoes to fill" with Justice Lalit as his successor. Justice Chandrachud also assured him there would be a sense of continuity in reforms adopted by him and said he has big-sized shoes to fill with Justice UU Lalit as his successor.
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Published By:
Rajeev Singh
Published On:
Nov 9, 2022
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