Chief Justice of India D Y Chandrachud emphasized the judiciary’s role in upholding constitutional values, cautioning against personal ideologies in judgments. Speaking at a conference, he highlighted India’s diversity and the judiciary’s duty as servants of the Constitution, entrusted with its interpretation and protection of fundamental rights.
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NEW DELHI: Chief Justice of India (CJI) D.Y. Chandrachud recently addressed a significant gathering at the National Judicial Academy’s regional conference in Kolkata, where he underscored the fundamental values enshrined in the Constitution of India. These values, he asserted, form the bedrock of a just society.
“A society founded on principles of human dignity, fraternity, equality, liberty, respect for all, tolerance for all, and inclusion for all.”
– he stated, highlighting the core principles that judges must uphold.
Speaking against the practice of judges incorporating their personal ideologies into their judgments, CJI Chandrachud emphasized the importance of impartiality.
“The essence of our nation lies in recognizing the significance of diversity and striving for tolerance, which defines why, 75 years after independence, we remain a nation of rich diversity.”
– he elaborated, reinforcing the idea that India’s strength lies in its pluralism.
CJI Chandrachud reminded his audience that judges are “servants” of the Constitution, not its “masters”. He clarified-
“We may have mastery over constitutional interpretation as it is our entrusted task, yet we remain servants to the Constitution.”
This assertion underscores the judiciary’s role in upholding and interpreting the Constitution, while remaining humble and grounded.
At the conference, CJI Chandrachud spoke about India’s federal structure, which accommodates a wide range of beliefs and practices.
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“We live in a federal structure characterized by extensive diversity, granting every citizen the freedom to think, speak, worship, associate, eat, and marry according to their preferences, or choose not to marry at all.”
-he said. This statement celebrates the individual freedoms guaranteed by the Constitution, reflecting India’s commitment to personal liberty and cultural diversity.
Chandrachud also addressed the perception of courts as the “temple of justice.” He expressed his reservations about this term, stating-
“I become reserved when I hear that we are in the temple of justice.”
He explained the potential pitfalls of this analogy, noting-
“There is a significant risk when we see ourselves as deities in these temples, as it implies that judges occupy a divine role. I prefer to redefine the role of judges as servants of the people. This approach allows for compassion and empathy in judging individuals without being judgmental.”
This perspective emphasizes a more humble and service-oriented approach to the judiciary, focusing on empathy and understanding rather than an elevated, almost divine status.
Throughout his speech, CJI Chandrachud reiterated the essential qualities that should guide the judiciary: humility, service, empathy, and a deep respect for the diversity that defines India. His remarks at the Kolkata conference serve as a poignant reminder of the judiciary’s role in fostering a society that values and protects the rights and freedoms of all its citizens, ensuring justice is served with compassion and integrity.
In a recent address, Chief Justice of India (CJI) DY Chandrachud underscored the importance of judicial impartiality and adherence to constitutional morality. He expressed concern over the influence of personal philosophies on judicial decisions, highlighting the need for judges to distinguish their individual beliefs from their judicial responsibilities.
“I am not suggesting that judges do not have their own personal philosophies,”
– the CJI remarked.
He emphasized the critical role judges play in communicating their judicial work, particularly in cases involving complex social issues.
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Chandrachud illustrated his point by referring to instances where judges denied police protection to couples in consensual relationships outside marriage.
“The critical issue is how we, as judges, communicate our decisions. For instance, I find judges refusing to grant police protection to a couple simply because they were in a consensual relationship outside of marriage. However, our laws protect relationships akin to marriage, not just marital relationships.”
He further elaborated on situations where judges’ personal views on morality influenced their rulings.
“However, there are instances where judges state that if a couple has not entered into a formal marriage but is living together, they will not grant protection even if there is a risk of honor killing.”
-the CJI stated.
This, he argued, represents a departure from judicial objectivity, raising questions about the true nature of a judge’s role.
Chandrachud also addressed the issue of interfaith marriages and the judicial response to such unions.
“Similarly, there are cases where judges have ruled that due to an interfaith marriage without parental consent, they will not grant the couple the protection of the law.”
-he noted.
The CJI questioned whether such judgments reflect a judge’s personal view of societal norms rather than a commitment to constitutional principles.
“Is the judge expressing their personal views on how society should lead their lives?”
– he asked, urging the judiciary to focus on upholding constitutional morality over personal ideologies.
The CJI’s speech highlights ongoing concerns about the balance between personal beliefs and judicial responsibilities. His call for a more constitutionally grounded approach to adjudication resonates deeply within the legal community, emphasizing the judiciary’s duty to protect individual rights and uphold the law impartially.
