Former Chief Justice of India, DY Chandrachud, addressed questions on the judiciary’s composition in a BBC HARDtalk interview, where veteran journalist Stephen Sackur asked whether it is dominated by elite, Hindu, male judges. In response, Chandrachud highlighted ongoing efforts toward inclusivity and judicial reforms, emphasizing the need for diversity. His remarks have sparked discussions on representation within India’s legal system.
New Delhi: Former Chief Justice of India D.Y. Chandrachud emphasized that higher courts in India, particularly the Supreme Court, are committed to protecting personal liberties, reinforcing the judiciary’s trust among the public.
He made these remarks during an interview with veteran journalist Stephen Sackur on BBC’s HARDtalk, where he addressed various topics, including the gender ratio in the judiciary and significant rulings like the Ram Janmabhoomi case and the Article 370 case.
When questioned about the presence of a “dynasty problem” in the Indian judiciary and its dominance by elite, male, Hindu upper-caste individuals, Justice (retd) Chandrachud disagreed.
He noted,
“If you look at the lowest levels of recruitment to the Indian judiciary, particularly in the district judiciary, over 50 percent of new recruits are women. In some states, female recruitment rates reach 60 or even 70 percent.”
He further explained that the higher judiciary reflects the legal profession’s status from a decade ago, stating,
“As education, especially legal education, has become more accessible to women, the gender balance observed in law schools is now evident in the lower tiers of the Indian judiciary. We are seeing an increasing number of women entering the district judiciary, and these women will ascend in their careers.”
Addressing the question about his lineage as the son of a former Chief Justice, he recalled,
“My father, former Chief Justice Y.V. Chandrachud, advised me not to enter a courtroom while he was Chief Justice. That’s why I spent three years at Harvard Law School. I only entered a court for the first time after his retirement. In the broader context of the Indian judiciary, most lawyers and judges are first-time entrants into the legal profession. Thus, contrary to the notion of an upper-caste dominance in the judiciary, we are now seeing women progress to more significant roles.”
Dhananjaya Yeshwant Chandrachud, born on November 11, 1959, in Mumbai, is a well-known Indian judge who served as the 50th Chief Justice of India from November 9, 2022, until his retirement in November 2024. He is the son of Yeshwant Vishnu Chandrachud, the 16th Chief Justice of India, making them the first father and son to hold this top position.
During his time as Chief Justice, Justice Chandrachud known for his modern and fair judgments and efforts to improve the legal system. He focused on making the judiciary more inclusive and diverse, ensuring better representation and access for all. His leadership was dedicated to protecting the Constitution and making the court system more efficient.
When asked about political pressure during his tenure, former Chief Justice D.Y. Chandrachud responded to a question from Stephen Sackur regarding claims that the ruling BJP had influenced the courts. He pointed out that the results of the 2024 general elections disproved the notion that India is moving toward a one-party state.
He said,
“If you look at the states in India, regional aspirations and identities are coming to the forefront. Many regional political parties are performing exceptionally well and governing those states,”
Discussing Rahul Gandhi’s conviction in a defamation case, Chandrachud noted that the Supreme Court had later stayed the judgment. He highlighted that higher courts, especially the Supreme Court, have consistently prioritized personal liberties.
He stated,
“In individual cases, there may be differences in personal opinions, but the fact remains that the Supreme Court has been at the forefront of safeguarding personal liberty. This is why we maintain the faith of the people,”
Regarding the Article 370 judgment, Sackur mentioned that many legal scholars expressed disappointment with the Supreme Court’s ruling on the revocation of Jammu and Kashmir’s special status.
Chandrachud, who authored one of the judgments in the case, explained,
“A judge, by the nature of their profession, has some restraints on defending or critiquing their judgments. Article 370 was introduced as part of a chapter titled Transitional Arrangements, which suggests that what is transitional should eventually fade away. Is 75 years too short a time to abrogate a transitional provision?”
He emphasized the importance of restoring democratic processes in Jammu and Kashmir, noting,
“A democratically elected government is now in place. There has been a peaceful transfer of power to a party that is not aligned with the Union government in Delhi. This indicates that democracy has succeeded in Jammu and Kashmir.”
On the question of statehood, he mentioned that the government had assured that Jammu and Kashmir’s status would be restored as soon as possible, asserting,
“The Supreme Court has ensured democratic accountability, so the criticism that we did not uphold our constitutional mandate is not accurate.”
When asked about the Citizenship Amendment Act (CAA) case and why it wasn’t addressed during his term, Chandrachud explained that the case is still pending.
He noted,
“If this were to happen in the UK, the court would have no power to invalidate it. In India, we can invalidate legislation. I authored 62 judgments for the Constitution bench during my tenure, dealing with critical issues, including longstanding cases,”
He stressed the need to balance old and new cases, adding that the CAA case would be addressed in due time.
Responding to inquiries about a reported remark regarding seeking divine guidance before the Ram Temple judgment, he clarified,
“If you interpret social media statements as a judge’s comments, you may arrive at incorrect conclusions. I openly acknowledge my faith, but the Constitution does not require judges to be atheists. My faith teaches me the universality of religion, and I strive to dispense equal justice to all who come before me in court.”
Also Read: 16 Key Constitutional Bench Rulings Under Ex CJI D.Y. Chandrachud
Chandrachud remarked that judges often operate in complex situations and find calm through various personal practices.
He said,
“For me, meditation and prayer are essential, and they guide me to be impartial towards all religious groups and communities in the country,”
Regarding Prime Minister Narendra Modi’s visit to his home during Ganesh Chaturthi, which sparked controversy, he responded that such visits should not be overemphasized.
He stated,
“Our system is mature enough to understand that elementary courtesies between high constitutional officials do not influence case outcomes,”
He added that the Supreme Court delivered significant judgments, including in the electoral bonds case, both before and after the Prime Minister’s visit.
He concluded,
“The role of the judiciary in a democratic society is not to act as the Opposition in Parliament. We are here to adjudicate cases in accordance with the rule of law,”