Former Chief Justice of India D.Y. Chandrachud emphasized that judges should be careful when making public comments, referring to an Allahabad High Court judge’s statement on the Uniform Civil Code (UCC). He explained that judicial restraint is important to protect the integrity of the institution. Chandrachud also revealed that in 2018, as a consultee judge, he had opposed the promotion of the same judge, Justice Yadav, due to concerns.
New Delhi: Former Chief Justice of India D.Y. Chandrachud addressed the controversy surrounding Allahabad High Court Justice Shekhar Kumar Yadav’s remarks at a Vishva Hindu Parishad (VHP) event, stating,
“A sitting judge should always be careful of what he speaks in and outside the courtroom.”
In an interview, Chandrachud disclosed that in 2018, he strongly opposed the proposal to elevate Yadav to a judge’s position.
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According to a report by Leaflet, as a judge of the Supreme Court, Chandrachud was consulted for his input on potential appointments. Despite his concerns, the Supreme Court Collegium, which included former Chief Justice Ranjan Gogoi and Justices A.K. Sikri and S.A. Bobde, chose to overlook his objections and recommended Yadav’s appointment along with nine others on February 12, 2019.
Justice Shekhar Yadav made controversial statements while speaking on the “Constitutional Necessity of Uniform Civil Code” at an event organized by the legal cell of the Vishva Hindu Parishad (VHP) in Prayagraj.
He stated,
“I have no hesitation in saying that this is Hindustan; this country will operate according to the wishes of the bahusankhyak (majority) living in Hindustan (India). This is the Law. You cannot claim that as a High Court Judge, your words don’t reflect this. The law fundamentally aligns with the majority. Consider it in the context of family or society… Only what promotes the welfare and happiness of the majority will be accepted.”
In response to his remarks, a five-judge Supreme Court collegium, led by Chief Justice Sanjiv Khanna, criticized Justice Yadav earlier this week. The collegium advised him to uphold the dignity of his constitutional role and to exercise caution in public speeches. Justice Yadav was summoned to present his perspective regarding his comments.
On December 10, the Supreme Court acknowledged media reports concerning Justice Yadav’s statements and sought a report from the Allahabad High Court on the issue.
An official statement indicated,
“The Supreme Court has taken note of newspaper reports regarding remarks made by Justice Shekhar Kumar Yadav, a sitting judge of the Allahabad High Court. We have requested details from the high court, and the matter is currently under review.”
The remarks provoked significant political backlash, with MPs from the INDIA bloc, including Trinamool Congress’s Mahua Moitra and All India Majlis-e-Ittehadul Muslimeen’s Asaduddin Owaisi, condemning the judge and labeling his comments as “partial and fully biased.”
The Samajwadi Party and the Uttar Pradesh Congress unit have also urged Chief Justice Khanna to address the statements.
Justice Shekhar Kumar Yadav graduated from Allahabad University with a law degree in 1988 and began practicing as an advocate in 1990. Prior to his elevation as a High Court judge, he served as the standing counsel for VBS Purvanchal University in Jaunpur. He took his oath as an additional judge in December 2019 and became a permanent judge in March 2021.
In October 2021, Justice Yadav called on the central government to enact legislation honoring Hindu deities like Ram and Krishna, as well as significant texts such as the Ramayana, Mahabharata, and Bhagavad Gita. He asserted that the Supreme Court’s ruling in the Ram Janmabhoomi case favored those who believe in “Ram.”
Previously, he gathered attention for his comments regarding cow slaughter in September 2021, suggesting,
“The cow should be declared the national animal, and its protection should be included in the fundamental rights of Hindus, as the culture and faith of the country must not be undermined; otherwise, the nation weakens.”
Chandrachud’s statement highlights the judiciary’s key role in staying fair and gaining people’s trust. With ongoing debates about the Uniform Civil Code (UCC), his concern highlights the need for judges to act wisely in handling sensible issues.
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