Chief Justice of India Dr. D.Y. Chandrachud’s complex journey reflects a unique blend of Hindu right-wing ideology and liberal values. With a legacy shaped by his father, he influenced landmark cases on individual rights while facing criticism for perceived compromises on executive scrutiny. His tenure has sparked debate on judicial independence, leaving a significant, potentially lasting mark on Indian law and society.
New Delhi: Much has been discussed about the intriguing journey of Chief Justice of India Dr. D.Y. Chandrachud, yet he remains a figure shrouded in complexity. Seen as a defender of individual rights enshrined in India’s Constitution, his tenure reflects a paradox—a blend of Hindu right-wing ideology with a liberal stance on individual freedoms. This contrast has positioned him as a unique character in Indian judiciary history.
From Destined Beginnings to a Powerful Legacy
Justice Chandrachud’s rise to Chief Justice was somewhat foretold, following the path paved by his father, himself a former Chief Justice of India and the longest-serving in post-Independence India. This legacy led him, at a young age, to the Chief Justice of the Allahabad High Court and later, in May 2016, to the Supreme Court under a Hindu right-wing government.
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The Chief Justice’s Role and Judicial Power
As the Chief Justice of India, he held immense influence, with the judiciary’s power of judicial review allowing him to assess the actions of elected officials. Balancing this power with a commitment to constitutional values is essential, yet many believe Justice Chandrachud’s tenure saw moments where he leaned away from challenging executive power.
A Supreme Court Judge through Changing Times
Serving under seven Chief Justices, Justice Chandrachud’s initial reputation was of a liberal torchbearer. Landmark judgments, including his dissent in the Aadhaar case and the progressive Navtej Johar case (which decriminalized Section 377, striking down the criminalization of homosexuality), cemented his position as a proponent of human rights and modern jurisprudence. His significant role in the 2017 Puttaswamy judgment affirmed the right to privacy as a fundamental right, even overturning his father’s 1976 ruling in ADM Jabalpur.
Tough Judgments and Growing Controversy
Despite liberal decisions, Justice Chandrachud faced criticism for his handling of cases involving executive scrutiny. In the controversial Tehseen Poonawalla case, for example, he chose not to delve into the unnatural death of Judge Loya, whose case could have implicated a high-ranking government official. The Ayodhya case judgment, too, left many questioning his stance on secularism, with Justice Chandrachud seen as losing an opportunity to reaffirm secular values within the Constitution.
Chief Justice of India: A Challenging Legacy
As Chief Justice, he wielded the powerful role of ‘master of the roster’, assigning cases and setting judicial priorities. Cases involving human rights defenders, like those under the Unlawful Activities (Prevention) Act (UAPA), often went to benches unlikely to favor these defenders. Many saw this as a subtle indication that the judiciary under his leadership leaned towards the ruling government.
Expanding Suo Motu Jurisdiction and Public Interest Litigation
Justice Chandrachud expanded the court’s suo moto cognizance, initiating action on matters like the Manipur and West Bengal rape cases. His handling of such cases, critics argue, diverted from addressing the political misuse of power and undermined the potential for political solutions, raising concerns about the separation of judicial and executive functions.
Post-Retirement Plans: A Mystery Unfolds
At a recent event at the Bombay High Court, Justice Chandrachud hinted that retirement might not mark the end of his public influence. “You will hear from me formally and informally,” he stated. This, along with his tenure’s approach to blending personal convictions with judicial responsibilities, leaves many anticipating his post-retirement trajectory.
In the end, Justice Chandrachud’s time as Chief Justice has been both inspiring and polarizing, revealing a man who blended modern liberalism with a return to tradition. Whether his tenure strengthened or blurred the line between executive and judicial authority remains a question only time will fully answer. But one thing is certain: his legacy will continue to influence Indian jurisprudence, perhaps beyond the courtroom itself.
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