Former CJI DY Chandrachud’s potential elevation from the Supreme Court to Vice President sparks debate. Explore legal, political, and constitutional angles in this detailed analysis of the unfolding scenario.
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NEW DELHI: As Vice President Jagdeep Dhankhar’s tenure was about to complete in September, speculation has reached Delhi’s political circles. Amid names like Jammu and Kashmir’s Lieutenant Governor Manoj Sinha, Bihar’s Governor Arif Mohammad Khan, and CM Nitish Kumar, one name stands out, for its sheer unpredictability and constitutional weight is Former Chief Justice of India, Dr. DY Chandrachud.
Now the question is, who is going to fill the place for the second-highest constitutional office in the country? Could Justice Chandrachud be the next Vice President of India?
DY Chandrachud: ‘Neutral’ Judge or BJP Inclined?
Former CJI DY Chandrachud has long been known for his expressive opinions and progressive jurisprudence. Yet, many observers note that his tenure increasingly aligned with the ideological positioning of the ruling BJP. Be it the Ayodhya verdict, the recent upholding of the abrogation of Article 370, or various rulings that tilted toward executive preference, his judgments have drawn both acclaim and suspicion.
While the Ayodhya title suit was decided unanimously by a five-judge bench including him, many critics felt the ruling tactically favoured the saffron party’s ideological position. Then came December 11, 2023, a landmark day when the Supreme Court upheld the Modi government’s decision to revoke the special status of Jammu & Kashmir. Justice Chandrachud’s majority opinion made headlines, as it not only endorsed the move but offered a firm judicial seal on a controversial political decision.
These rulings, though constitutionally reasoned, led conversations about whether Justice Chandrachud’s leadership reflected a broader alignment with the government’s vision, intentionally or otherwise.
Ayodhya Verdict (2019):
Ruling:
- The disputed land was awarded to Ram Lalla Virajman.
- The Sunni Waqf Board was granted 5 acres of alternate land elsewhere in Ayodhya.
- The judgment acknowledged the unlawful demolition of the Babri Masjid but ruled in favor of the temple.
Public Reaction:
- Celebrated by right-wing and religious groups.
- Critics called it a “balancing act” that ultimately upheld the BJP’s long-standing ideological demand.
Case Title: M Siddiq v Mahant Suresh Das
Civil Appeal Nos 10866-10867 of 2010
READ JUDGMENT HERE
Abrogation of Article 370 (2023):
Ruling:
- The court upheld the constitutional validity of the abrogation of Article 370, which stripped Jammu & Kashmir of its special status.
- It ruled that Article 370 was a temporary provision, and Parliament had the authority to revoke it.
- The court also validated the reorganization of the state into two Union Territories.
Public Reaction:
- Hailed by the government and supporters of integration.
- Criticized by constitutional scholars and opposition leaders, who called it an endorsement of executive overreach.
Case Title: IN RE: ARTICLE 370 OF THE CONSTITUTION
Writ Petition (Civil) No. 1099 of 2019
READ JUDGMENT HERE
PM Modi’s Ganpati Puja Visit to CJI’s Residence
On September 11, Prime Minister Narendra Modi participated in Ganesh Puja celebrations at the Delhi residence of DY Chandrachud. A video from the event showed the CJI and his wife warmly welcoming the Prime Minister, who later performed Aarti during the ritual.
The celebration held personal importance for Justice Chandrachud, a native of Maharashtra, where Ganesh Chaturthi is celebrated with deep devotion. Born and raised in Mumbai, he began his legal career at the Bombay High Court before pursuing further studies at Harvard.
The Prime Minister also extended Ganesh Chaturthi wishes to the nation, tweeting
“Ganpati Bappa Morya”
He also tweeted,
“Heartiest greetings of Ganesh Chaturthi to all countrymen. Ganpati Bappa Morya.”
Whether it’s Manoj Sinha, credited with stabilizing J&K, Arif Mohammad Khan, the articulate reformist governor, or Nitish Kumar, the ever-shifting political veteran, the BJP has several options. But DY Chandrachud offers something that others do not: the aura of neutrality paired with silent endorsement, a legal mind with nationalist leanings, and a dignified face for the Upper House.
While there are so many speculations and rumors around, the final call rests with the BJP leadership and is expected soon.
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