Two decisions of father reversed
This is the first time that the son of a Chief Justice has become the Chief Justice. Justice D.Y. Chandrachud is sitting in the same position 37 years after his father retired. His term will be of two years till 10 November 2024. Please tell that Justice Chandrachud has reversed two decisions given by the father. In 1985, in the adultery case, the then Chief Justice Y.V. Chandrachud’s bench had upheld Section 497 of the IPC. Reversing this decision in the year 2018, a bench of Justice DY Chandrachud had termed the Adultery Law i.e. infidelity law as unconstitutional and said that this law is a violation of the right to equality, which deprives the woman of the right of choice. In the Shivkant Shukla Vs ADM Jabalpur case in the year 1976, the Supreme Court did not consider privacy as a fundamental right. In the year 2017, the Supreme Court recognized privacy as a fundamental right. D.Y Chandrachud was also on this bench. His Bench ruled that the right to privacy lies in the right to individual liberty and life guaranteed by the Constitution.
‘Dissent is the hallmark of a dazzling democracy’
On 28 September 2018, Justice Chandrachud in an important judgment said that dissent is the hallmark of a dazzling democracy. If a voice is raised in protest, it cannot be suppressed. Justice Chandrachud had said that a person has strongly raised an issue, it may be unpopular but its right has been given under the Constitution. He made it clear that if dissent is in a restricted field and it leads to violence, then dissent is no longer an expression of ideology. In the case of the arrest of five human rights activists in the Bhima Koregaon violence case, Justice Chandrachud made a very strong remark that dissent is the safety valve of democracy.
Women allowed to enter Sabarimala temple
On 28 September 2018, the Supreme Court had allowed the entry of women of all ages into the Sabarimala temple in Kerala. The Supreme Court ruled by a majority vote of 4 vs. The then Chief Justice of the Supreme Court, Dipak Misra, Justice A. M. Khanwilkar, Justice Rohinton Nariman and Justice D.Y. Chandrachud allowed entry of women of all ages with one vote. Justice Indu Malhotra disagreed. Justice Chandrachud had said that women cannot be denied the right to worship under the guise of religion.
homosexuality is not a crime
On 6 November 2018, the Supreme Court held that consensual homosexual relations between adults would not be a crime. The Constitutional Bench of the Supreme Court had said in the judgment that the consensual homosexual relationship between two adults is not an offense under Section 377. This provision was declared unconstitutional by the Supreme Court and called it a violation of the right to equality and life. Justice Chandrachud was involved in this decision.
Ram temple issue in Ayodhya
On 9 November 2011, the Supreme Court gave its verdict on Ayodhya after 70 years of legal battle and 40 days of marathon hearing. The way was cleared for the construction of Ram temple on the disputed land. The Supreme Court had said that the Ram temple will be built on the disputed land of 2.77 acres. The decision of the Supreme Court was given by five judges by one vote, but one judge also expressed his opinion separately. Justice Chandrachud was also part of the majority decision.
Marital rape considered in abortion law
On September 29, a bench headed by Justice Chandrachud had said that reproduction is the right of a woman and she has autonomy over her body. The top court had ruled that all women (married and unmarried) are entitled to a safe pregnancy termination up to 24 weeks under the rule. Justice Chandrachud had said that under the Medical Termination of Pregnancy Act, marital rape would also come under the purview of rape.
Justice Chandrachud has done Law from DU, LLM from Harvard
Justice Chandrachud was born on 11 November 1959. His father Y. V. Chandrachud was the Chief Justice of the Supreme Court. Mother Prabha was a classical musician. DY Chandrachud did his schooling from St. Columbus and then did his graduation in Economics and Maths from St. Stephens, Delhi. He has done his law from Delhi University’s Campus Law Center. After this he did LLM from Harvard in 1983. After this he practiced law and became a senior advocate in 1998. Thereafter he was made the Additional Solicitor General. Became Justice of Bombay High Court on 29 March 2000. On 31 October 2013, he was made the Chief Justice of the Allahabad High Court. On 13 May 2016, he was made a Justice of the Supreme Court. Justice Chandrachud will become the Chief Justice of India on 9 November.