Dhananjaya Chandrachud: Justice and the rule of law
Feb 10, 2025
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Dhananjaya Chandrachud, recently retired Chief Justice of India, is known for his progressive approach to the law. He discusses the challenges of maintaining judicial independence amidst the political dominance of the BJP under Modi. Key topics include the ramifications of the abrogation of Article 370 in Kashmir and the controversial Citizenship Amendment Act, scrutinizing its implications for constitutional equality. Additionally, he highlights the importance of impartial rulings in the Ayodhya dispute while navigating India's complex socio-political landscape.
Dhananjaya Chandrachud's efforts to live-stream court proceedings aimed to enhance transparency and democratize access to justice for all citizens.
Despite criticism over the judiciary's alignment with political interests, Chandrachud defended the Supreme Court's commitment to personal liberty and constitutional integrity.
Deep dives
The Legacy of Chief Justice Dhananjay Chandrachud
Dhananjay Chandrachud's tenure as Chief Justice of India marked significant shifts in the Supreme Court's operations and its relationship with the public. He aimed to enhance transparency by live-streaming court proceedings, a move that sought to democratize access to justice in a system often seen as elitist. Despite these modernization efforts, he faced criticism for failing to adequately challenge the perceived authoritarianism of the current government led by Narendra Modi. Chandrachud's reflections on his legacy suggest that while he worked to uphold the principles of the Constitution, opinions about his effectiveness remain divided.
Judicial Independence Amid Political Pressure
Chandrachud confronted accusations that the judiciary had become subservient to political interests, particularly regarding the implications of Modi's government. He refuted claims that the court had been used as a tool for political agendas, citing a high number of bail applications granted by the Supreme Court as evidence of its commitment to personal liberty. For instance, despite a controversial ruling involving opposition leader Rahul Gandhi, he highlighted that the Supreme Court enabled his return to Parliament, signaling a degree of judicial reluctance to simply acquiesce to political pressures. Furthermore, Chandrachud maintained that regional political diversity in state elections contradicts narratives of a one-party state.
Controversial Decisions and Democratic Values
Chandrachud's decisions concerning Article 370 and the Citizenship Amendment Act attracted considerable scrutiny and debate among legal scholars and activists. Critics argued that upholding the abrogation of Article 370 marked a capitulation to governmental power, compromising constitutional integrity. He defended the Supreme Court's approach as rooted in constitutional interpretation, emphasizing that the provisions were transitional and allowed for change over time. Additionally, the pending status of the Citizenship Amendment Act lawsuit demonstrates a careful judicial process, though many argue for swifter intervention regarding perceived inequities for the Muslim population in India.
Stephen Sackur is in New Delhi for an exclusive interview with the recently retired Chief Justice of India and Supreme Court judge, Dhananjaya Chandrachud. With Indian politics dominated by Narendra Modi and the Hindu nationalist BJP, have the courts successfully protected the country’s secular constitution?
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