CJI Chandrachud Retires: From Poll Bonds To Ayodhya, A Look At Some Key Rulings In His Career
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From being part of the bench that decriminalised Section 377 to one that paved way for the Ram mandir in Ayodhya, Justice Chandrachud’s career is highlighted by verdicts that marked a new dawn for India.
CJI DY Chandrachud | Image/File
Justice DY Chandrachud, on his last day as the Chief Justice of India (CJI) on Friday, pronounced the verdict on the minority status of Aligarh Muslim University (AMU). A bench headed by the CJI overruled a 1967 verdict holding that since AMU is a central university, it cannot be considered a minority institution. The issue of whether AMU is a minority institution is now left to be decided by a regular bench based on this view of the majority.
Making headlines with some of the most landmark cases, CJI Chandrachud’s career has been one with its own share of accolades as well as controversies. From being part of the bench that decriminalised Section 377 to one that paved way for the Ram mandir in Ayodhya, Justice Chandrachud’s career will be highlighted by verdicts that marked a new dawn for India.
Here’s a look at some of the cases that were and will remain the highlight of Justice Chandrachud’s career:
Decriminalising Section 377
Justice Chandrachud was one of the five judges who pronounced the landmark judgment that decriminalised Section 377 of the Indian Penal Code in 2018. The bench partially struck down Section 377 of the Indian Penal Code, 1860, a provision which decriminalised same-sex relations between consenting adults.
Justice Chandrachud, in his ruling, had said equality must extend to all spheres of life, including the home, workplace, and public places. He had said that a person’s choice of partner was a fundamental right, including same-sex partners.
Decriminalising Adultery
On 27 September 2018, a five-judge bench, including Justice Chandrachud, unanimously decriminalised adultery under Section 497 of the Indian Penal Code,1860.
Justice Chandrachud, in his judgment, wrote that the law on adultery was a “codified rule of patriarchy” that perpetuated the idea of women’s subordinate nature in marriage. He also said that the law infringed on a woman’s autonomy and dignity.
Ayodhya Ram Janmabhoomi Case
Of all the cases that Justice Chandrachud judged in his eight years in the Supreme Court, the Ayodhya verdict, many would say, was his biggest one. In November 2019, a bench including Justice Chandrachud, directed the construction of Ram temple at the contested site in UP’s Ayodhya. The court also directed the UP government to grant an alternate five-acre plot to the Sunni Waqf Board for building a mosque.
“I sat before the deity (Ram Lalla) and told him he needs to find a solution (to Ayodhya-Babri Land dispute)” Justice Chandrachud said at a recent event, explaining how he decided the Ram Janmabhoomi case.
Privacy A Fundamental Right
On 24 August 2017, a nine-judge bench of the Supreme Court, including Justice Chandrachud, had unanimously recognised privacy as a fundamental right, integral to an individual’s dignity and autonomy.
A few months later, the Supreme Court, in a 4:1 majority, upheld the constitutionality of Aadhaar while Justice Chandrachud was the lone dissenting voice on the bench. He held the very process of enactment of the Aadhaar, made it unconstitutional. “Aadhaar number becomes the central unifying feature that connects the cell phone with geo-location data, one’s presence and movement with a bank account and income tax returns, food and lifestyle consumption with medical records,” he had said.
Electoral Bonds
On February 15, 2024, a five-judge bench of the Supreme Court, headed by Justice Chandrachud, struck down the electoral bonds scheme as “unconstitutional”, six years after it was introduced by then finance minister Arun Jaitley. “Political contributions give a seat at the table to the contributor… this access also translates into influence over policy making,” said Justice Chandrachud in his ruling.
