My shoulders broad enough to accept criticism: CJI D Y Chandrachud

At his farewell event, Justice Chandrachud says no greater feeling than serving the needy

On his last working day as the 50th head of the Indian judiciary on Friday, Chief Justice of India (CJI) D Y Chandrachud recounted his long journey -- from sitting in the last row of the court as a young law student to his time on the revered corridors of the top court.

 

“You asked me what keeps me going,” the CJI said at a farewell event. “It is this court which has kept me going…There is no greater feeling than being able to serve those in need and the people you would never meet…people whose lives you have the ability to affect without ever having seen them,” he added.

 

 

He said his shoulders were broad enough to accept all criticism as he believed in transparency in public life and the dogma that “sunlight is the best disinfectant”. He also said he was probably one of the most trolled individuals and judges across the system. 

 

Quoting the Jain phrase ‘Michhami Dukkadam’, the outgoing CJI, whose father Y V Chandrachud had the longest tenure as CJI between 1978 and 1985, said, “If I have ever hurt anyone in the court, please forgive me for that.”

 

Appointed on November 9, 2022, CJI Chandrachud will officially demit office on Sunday, November 10, and Justice Sanjiv Khanna will take over as the 51st CJI.

 

Justice Khanna wished good luck to the CJI, saying, “He has left my task easy as he has made so many advancements in technology and data. (At the same time) he has made my task tough, because it will be difficult to match up to him.”

 

The CJI-designate lauded CJI Chandrachud’s “monumental” contribution, saying he worked on a mission to improve the apex court and pursued his goal of making it “a sanctuary of inclusivity”. There would be an “emptiness” in the Supreme Court with his demitting office, he added.

 

“When a towering tree in the forest of justice steps back, the birds pause their songs, and the wind moves differently. Other trees shift and adjust to fill the void. But the forest will never be quite the same again,” he said at a farewell event.

 

Justice Khanna also spoke about the CJI’s love for samosas, disciplined lifestyle, and his “good looks”.

 

According to the Supreme Court Observer, last year, the court delivered 18 Constitution Bench decisions; this year, it would have delivered 12 more before his retirement. Meanwhile, the Collegium led by him is responsible for elevating 17 (51 per cent) out of the sitting 33 judges.

The court has also witnessed several technological upgrades under him such as improvement in e-filing of cases, paperless submissions, WhatsApp updates on pending cases, live tracking of pendency, and live streams from courtrooms.

 

He was on the benches that recognised the fundamental right to privacy and decriminalised homosexuality and led the benches which rejected the right to marry for sexual minorities, struck down the electoral bonds scheme and validated sub-classification within the SC/ST categories.

 

“Apart from his duties as the Chief Justice, Justice Chandrachud is also known for his brilliant legal acumen, dynamic thinking, and result-oriented approach while deciding cases,” said Rahul Lakhwani, senior partner, Chir Amrit Legal LLP. 

 

“His lordship was vociferous in observing that in suits concerning defamation by media platforms and/or journalists, an additional consideration of balancing the fundamental right to free speech with the right to reputation and privacy must be borne in mind. The constitutional mandate of protecting journalistic expression cannot be understated, and courts must tread cautiously while granting pre-trial interim injunctions,” Shiv Sapra, partner, Kochhar & Co, said. 

 

Supreme Court Bar Association president and senior advocate Kapil Sibal said CJI Chandrachud allowed people to criticise judges and transformed the judicial landscape by allowing online access to court proceedings.

 

Notable Constitutional Bench Judgments:

 

Group of Companies Doctrine in Arbitration Proceedings

Case: Cox and Kings Ltd. v SAP India Pvt. Ltd.

Judgment: December 6, 2023

The bench unanimously held that the group of companies doctrine is applicable in arbitration agreements.

 

Plea for Marriage Equality

Case: Supriyo @ Supriya Chakraborty & Anr. v Union of India

Judgment: October 17, 2023

The bench unanimously ruled that there is no fundamental right to marry, and marriages between sexual minorities cannot be included under the Special Marriage Act (SMA).

 

Altering Rules for Appointment to Public Posts

Case: Tej Prakash Pathak v Rajasthan High Court

Judgment: November 7, 2024

The bench ruled that public sector employers cannot alter selection rules after the recruitment process has begun.

 

Validity of ‘Light Motor Vehicle’ Licence to Drive ‘Transport Vehicle’

Case: Bajaj Allianz General Insurance v Rambha Devi

Judgment: November 6, 2024

The bench held that a Light Motor Vehicle (LMV) licence holder is eligible to drive transport vehicles weighing under 7,500 kilograms.

 

Challenge to the Abrogation of Article 370

Case: In Re: Article 370 of the Constitution

Judgment: December 11, 2023

The bench upheld the abrogation of Article 370, noting that it was a temporary measure addressing Jammu and Kashmir’s unique needs in the late 1940s and 1950s.

 

Constitutionality of the Electoral Bond Scheme

Case: Association for Democratic Reforms v Union of India

Judgment: February 15, 2024

The Constitution Bench struck down the Electoral Bond Scheme, holding that the right to information applies to political parties and that disclosing donor identities is essential for informed voter choices.

 

Section 6A of the Citizenship Act, 1955

Case: In Re: Section 6A of the Citizenship Act, 1955

Judgment: October 17, 2024

The Supreme Court upheld Section 6A, noting that it only applies to migrants who entered before the March 1971 cut-off. The Court ordered Supreme Court-supervised hearings to identify and deport migrants who entered after the cut-off.