GG News Bureau
New Delhi, 13th Feb. Former Chief Justice of India DY Chandrachud has reaffirmed the judiciary’s commitment to protecting personal liberties, stating that higher courts, especially the Supreme Court, have consistently upheld fundamental rights. Speaking on BBC’s HARDtalk, Chandrachud addressed critical questions on judicial independence, gender representation, and key rulings, including the Article 370 and Ram Janmabhoomi cases.
Judiciary and Public Trust
Justice (retd) Chandrachud emphasized that the judiciary enjoys public confidence due to its role in safeguarding personal freedoms. Responding to a question on whether India’s judiciary is dominated by elite, upper-caste Hindu men, he refuted the claim, citing increasing gender diversity in lower courts. “Over 50% of new recruits in district judiciary are women, and in some states, this figure reaches 60-70%,” he said, adding that the higher judiciary now reflects the legal profession of a decade ago.
Defending his lineage as the son of a former CJI, he said, “My father advised me not to enter a courtroom until he retired. The majority of Indian judges are first-generation entrants to the legal field.”
Political Pressure and Judiciary’s Independence
On allegations that the BJP government influences the judiciary, Chandrachud pointed to the 2024 general election results as proof of India’s democratic resilience. He rejected claims that courts favored the ruling party, highlighting numerous bail grants, including those to political leaders.
“The Supreme Court has been at the vanguard of personal liberty,” he asserted, emphasizing that individual cases should not undermine the judiciary’s broader role in upholding rights.
Article 370 and Jammu & Kashmir
Chandrachud defended the Supreme Court’s decision on Article 370, stating that the provision was always intended as a transitional arrangement. “Is 75 years too little for abrogating a temporary provision?” he asked. He acknowledged the need for democratic restoration in Jammu and Kashmir, noting that an elected government is now in place. On the issue of statehood, he pointed to the Centre’s assurance that it would be restored soon.
Pending Citizenship Amendment Act (CAA) Case
On why the Supreme Court did not take up the CAA case during his tenure, Chandrachud explained that the court had to balance long-pending cases with new ones. “We disposed of several constitutional cases pending for two decades. The CAA case will be addressed in due course,” he said.
Faith, Judiciary, and the Ram Temple Judgment
Asked about reports that he prayed before delivering the Ram Temple verdict, Chandrachud dismissed social media narratives. “I make no bones about my faith, but our Constitution does not require judges to be atheists,” he said, adding that meditation and prayer help maintain judicial impartiality.
PM Modi’s Visit and Judicial Integrity
Chandrachud downplayed concerns over Prime Minister Narendra Modi’s visit to his residence for Ganesh Chaturthi, calling it an “elementary courtesy” between constitutional functionaries. He noted that the Supreme Court delivered judgments against the government both before and after the visit.
“The judiciary’s role in a democracy is not to act as an opposition to the government but to ensure justice under the rule of law,” he concluded.
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