The 50th Chief Justice of India, DY Chandrachud, reflects on his legacy
Nov 11, 2024
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In a reflective discussion, DY Chandrachud, the former Chief Justice of India known for his landmark rulings, shares profound insights on his judicial legacy. Alongside Vandita Mishra and Apurva Vishwanath, he delves into the significance of privacy rights and the decriminalization of homosexuality. They explore the challenges of maintaining judicial independence amidst societal pressures and how technology has shaped legal scrutiny. The conversation also touches on the evolving role of judges in a polarized world and the importance of upholding constitutional values.
Chandrachud emphasizes the need for a judge's legacy to balance efficient case management with impactful societal judicial rulings.
He highlights the judiciary's role in fostering civil discourse on contentious issues, particularly in areas under public debate like same-sex marriage.
Chandrachud discusses the complexities of judicial independence amidst public scrutiny, advocating for transparent and accountable judicial appointments.
Deep dives
Legacy and the Role of a Chief Justice
D.Y. Chandrachud reflects on the dual aspects of a judge's legacy, emphasizing that it encompasses both the efficiency of caseload management and the broader societal impacts of judicial rulings. He highlights the importance of addressing significant legal issues, such as fundamental rights and societal evolution, rather than merely focusing on the quantity of cases disposed. This balance is particularly critical for the Chief Justice, who sets the tone for the court's priorities. Chandrachud's tenure is marked by landmark decisions, including those recognizing privacy rights and discussing pressing topics like same-sex marriage, demonstrating his commitment to a transformative judicial approach.
The Court's Role in Societal Dialogue
The judiciary, as articulated by Chandrachud, holds a pivotal role in facilitating a constructive and rational discourse within society. He asserts that the court should serve as a platform for dialogue, addressing contentious issues that may not be adequately tackled in legislative spaces. For instance, his minority opinion on same-sex marriage showcases the court's function not only in adjudicating specific cases but also in provoking broader public thought and debate on evolving social norms. This process affirms the Supreme Court's responsibility to generate a space for civil discourse amidst polarized opinions.
Navigating Judicial Independence and External Pressures
Chandrachud discusses the complexities surrounding judicial independence, especially in the context of heightened public scrutiny and societal expectations. He raises concerns about the perception of judges' impartiality, especially when verdicts align with government stances, which can lead to accusations of bias. The need for judges to remain uncompromised in their decisions is paramount, yet the pressure from public opinion and interest groups can complicate this autonomy. He emphasizes the importance of maintaining a judiciary that is both independent and responsive to the diverse needs of society.
Maintaining Access to Justice: Bail and Personal Liberty
The discussion highlights the significant focus on bail as a crucial aspect of preserving personal liberty within the judicial process. Chandrachud reiterates the principle that bail should be the norm rather than exceptions, yet notes the prevailing hesitancy among trial courts to grant it. The Supreme Court, under his guidance, has actively worked to address bail applications, evidencing a commitment to prioritizing personal freedoms. This ongoing challenge reflects broader societal distrust in the justice system, which he believes must be countered through effective communication and fostering confidence in judicial decisions.
Judicial Appointments and Institutional Challenges
Chandrachud addresses the intricate process of judicial appointments, underscoring the necessity for transparency and accountability in selecting judges. He cites statistics demonstrating the progress made in appointing judges since his tenure began, while acknowledging challenges, including delays caused by the government in clearing names from the collegium. The collegium system, designed to balance power between the judiciary and the executive, can sometimes lead to frustrations within the legal community regarding transparency. He emphasizes the importance of fostering a judicial environment where young legal professionals are encouraged to pursue judicial careers amidst systemic complexities.
Yesterday, DY Chandrachud retired after a tenure as the longest-serving Chief Justice of India in over a decade. Beginning his judicial career as a Bombay High Court judge in 2000, he played a pivotal role in landmark decisions, including recognizing the right to privacy, de-criminalizing homosexuality, and striking down the electoral bond scheme.
Last week, he reflected on his career in a conversation with The Indian Express’ Vandita Mishra and Apurva Vishwanath. Today, we bring you an excerpt from that discussion, part of Express Adda, a series featuring individuals at the forefront of change.
Produced by Shashank Bhargava Edited and mixed by Suresh Pawar
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