New Delhi: Either way, whether he agrees or disagrees, his decisions arouse keen interest. His decisions emphasize constitutional principles – emphasizing acceptance of diversity and inclusivity – and speak of him as a true liberal who is extremely sensitive and sympathetic to the marginalized sections of society.
However, at the same time, he is equally conscious of maintaining judicial decorum and “Lakshman RekhaWhen it comes to decision making on policy matters or development projects” (a strict limit should never be exceeded). Here he chooses to engage in a process of deliberation with the executive, not his Directs the execution of judicial orders.
The 50th Chief Justice of India (CJI), Justice DY Chandrachud has been defined by his college mates, law teachers and colleagues at the bar as well as the bench.
As President Draupadi Murmu took oath on Wednesday, Chandrachud, who will turn 63 on November 11, will have a two-year term in the CJI office. Not only will he have the longest tenure for the CJI, but he will also be the youngest person in office in the last 10 years.
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work up
Known for taking historic decisions in several important cases, including the Ayodhya land title dispute and the right to privacy, his tenure as the head of the Indian judiciary will be keenly watched. While on the judicial side he has some high-profile cases to be heard and decided, at the administrative level he faces a daunting task of filling up 18 vacancies that may arise during his tenure, and with the sanctioned and working strength. The wide gap between them also has to be bridged. Judges in High Courts.
With Union Law Minister Kiren Rijiju explosion Last week on the opaque collegium system, it would be interesting to see how the incumbent CJI reacts and whether he takes measures to counter the criticism against the current system of appointing judges.
The swearing-in of Justice Chandrachud is also a historic moment. This is the first time that the Indian judiciary will see a son following in his father’s footsteps, occupying the highest office. His father, Justice YV Chandrachud, was the longest-serving CJI for seven years between 1978 and 1985.
rejecting
However, the son has demonstrated through his decisions that “proverbial generation gap“Between him and his father.
In 2017, Chandrachud, in the right to privacy, or in the judgment of KS Puttaswamy, relied on his father’s “seriously flawedThe verdict in the 1976 ADM Jabalpur case, infamously called the ‘Emergency Verdict’.
The 1976 judgment, to which the senior Chandrachud concurred, upheld the declaration of emergency by the then Congress government led by Indira Gandhi, undermining the fundamental rights of Indian citizens guaranteed under the Constitution.
DY Chandrachud writes majority opinion in 2017 Puttaswamy case and makes poignant remarks on ADM Jabalpur’s decision. It read: “…when the histories of nations are written and criticized, judicial decisions are at the forefront of liberty. Still others have to be sent to the archives, which reflect, but should never be was.”
DY Chandrachud once again in 2018 after a year disagreement By his father’s 33-year-old decision on the constitutional validity of Section 497 of the Indian Penal Code (IPC), which declared the adultery provision unconstitutional.
his life
He may have evolved to form his own independent judicial opinion, freed from the views of the senior Chandrachud, but he inherited his love for Indian classical music from his father and mother.
Born on 11 November 1959 in Pune, Judge’s childhood was spent in the atmosphere of music. His father was a trained classical singer, while his mother was an all India radio artist and disciple of famous Hindustani classical singer Kishori Amonkar.
Justice Chandrachud moved to Delhi at the age of 12 when his father assumed the post of CJI and ’13, Tughlaq Road’ became his home. He still lives in the same bungalow – even though he is eligible for a bigger residence in terms of his seniority – with his wife and two special daughters, who were adopted by the couple while the judge was in the Allahabad High Court.
a wonderful career
He graduated with honors in economics and mathematics from St. Stephen’s College, New Delhi in 1979, studied law at the Faculty of Law, University of Delhi in 1982, and then did his master’s in law from Harvard University in 1983. Later, he also completed. Doctorate in Forensic Science in 1986.
After his academic acquisitions, Chandrachud moved to Mumbai to start his legal career. There he served as the Additional Solicitor General of India until he was appointed as a judge in March 2000. He was then transferred to the Allahabad HC as the Chief Justice and finally, in March 2016, promoted to the apex court.
hugging techniques
As an apex court judge, he has shown remarkable juridical skills on a spectrum of legal issues, which affect one’s individual rights and liberties.
His judicial decisions marked a transformative period in India’s judicial history, but his efforts as the head of the e-committee showed that he practiced what he preached. “Sunlight is the best disinfectant,” he wrote in 2018 when he wrote the majority verdict Swapnil Tripathi Case Which opened the doors for live-streaming of court hearings.
Although the COVID pandemic became a reason for courts across the country to resort to online hearings in March 2020, Chandrachud saw this moment as an opportunity to advance transparency in court hearings. With the top court still reluctant to make its proceedings public, the e-committee under this guidance framed live-streaming rules and circulated it to all high courts, giving them the discretion to adopt.
Months later, they were embraced by six high courts and went live on their respective YouTube channels. Last month, finally, the apex court also streamed the proceedings of its constitution benches.
The e-committee is also working to develop a special national platform for live telecast of all court proceedings.
If on the administrative side, he initiated a change, then on the judicial side the judge actively encouraged the use of technology. He hardly stops lawyers from appearing through online mode, even the physical hearing has started. For them, online listening has helped women deal with it. ask gender, and allowed new moms to debate from their homes instead of taking a back seat in professional life—an ethos they’ve consistently reinforced in their judicial pronouncements.
Chandrachud persuaded lawyers to conduct paperless hearings in the Aam Aadmi Party vs Delhi Lt Governor case and offered to train the lawyers in case they were technically handicapped.
The judge himself has set an example by adopting technology. As Covid forced judges to conduct online hearings from their residential offices, Chandrachud used this opportunity to sharpen his skills of using electronic gadgets and started typing his own orders, especially the abbreviated ones.
Though it first began to address the problem of staff shortage during the pandemic, it has now become a role model for Justice Chandrachud. His bench is one of the few that is paperless and the judge, even now, continues to type short orders. He prefers to attend online conferences and seminars, unless his physical presence is required.
As his former Supreme Court colleague, Justice Deepak Gupta said, there are a lot of expectations and expectations from the current CJI. And like them, the legal fraternity also firmly believes that some of the Dreams may be true.
(Edited by Geetalakshmi Ramanathan)
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