Chandrachud, nominated by the CJI, is among the landmark verdicts: some highlights

He is no stranger to the hallowed halls of the Supreme Court, which his illustrious father presided over for about seven years and four months, the longest in the institution’s history.

Dhananjaya Y Chandrachud, however, had no qualms overturning the judgments of Father YV Chandrachud on burning issues like adultery and the right to privacy.

The longest-serving Supreme Court justice will now take over as India’s 50th Chief Justice on November 9, taking the place of his feared father YV Chandrachud, who was the CJI between 1978 and 1985, the first instance of a father-son duo occupying the most hallowed seat in the more than seven-decade history of India’s highest court.

The formidable DY Chandrachud, served on several constitution benches and wrote historic verdicts in the highest court, including those in the controversial Ayodhya land title dispute.

Judge Chandracud will take charge of outgoing CJI Uday Umesh Lalit, who recommended him as his successor at the Center on October 11. He will be the head of India’s vast judicial system for two years until November 10, 2024.

Judge Chandrachud was elevated to the highest court on May 13, 2016.

He was on the benches that delivered ground-breaking judgments on the decriminalization of same-sex relationships when they partially struck down Article 377 of the ICC on so-called unnatural sexual intercourse (carnal intercourse against the order of nature), the validity of the Aadhaar plan and the problem of the Sabarimala temple, where women of menstruating age were not allowed to enter the temple in Kerala.

Recently, a bench he led expanded the scope of the Medical Termination of Pregnancy (MTP) Act and related rules to include unmarried women, even transgender, for abortion between the ages of 20 and 24 weeks pregnant.

A bench headed by Judge Chandrachud had also adopted several guidelines to alleviate the miseries faced by people during the COVID-19 crisis, calling the brutal second wave of the pandemic last year a “national crisis”.

Recently, Justice Chandrachud was among two judges of the Supreme Court Collegium who objected to the “circulation” method adopted to obtain the opinions of its members on the appointment of judges to the Supreme Court.

Born on November 11, 1959, Justice Chandrachud is known for his love of the game of cricket which by some accounts he played with his father’s staff in the backyard of the bungalow Chandrachud Sr. was assigned to in Lutyen’s Delhi.

A known workaholic, Chandrachud presided over a bench on September 30, 2022 that sat until 9:10 p.m., about five hours beyond the Supreme Court’s regular working time, to hear 75 cases to clean up the council before the start. holiday in Dussehra. .

In a historic verdict in February 2020, a bench headed by Judge Chandrachud ruled in favor of female army officers gaining permanent commission and command positions, rejecting the Center’s position on their physiological limitations as being based on “gender stereotypes” and “sex discrimination”. against women”.

Later, a bench he led paved the way for the granting of a permanent commission to women officers in the Indian Navy, saying that a level playing field ensures that women are given the opportunity to overcome “stories of discrimination”.

On November 9, 2019, the Supreme Court in a unanimous verdict cleared the way for the construction of a Ram temple at the disputed site of Ayodhya and ordered the Center to allocate an alternative land of 5 acres to the Sunni council Waqf for building a mosque. Judge Chandrachud was part of the five-judge constitution bench.

He wrote the lead judgment for a nine-judge constitution bench in the case of Justice KS Puttaswamy v Union of India in which the right to privacy was unanimously held to be a fundamental right under the Constitution.

He was also part of a five-judge constitution bench that unanimously decriminalized a portion of the 158-year-old colonial law under section 377 of the Indian Penal Code that criminalized consensual unnatural sex between consenting adults, claiming that they violated equality rights.

On another five-judge bench, Justice Chandrachud, ruled Section 497 of the Indian Penal Code which criminalized adultery unconstitutional on the grounds that it was arbitrary, archaic and violated the right to equality and privacy .

Registering strong dissent, he disagreed with other members of a five-judge constitution bench which, by a majority verdict, upheld the constitutional validity of the Aadhaar unique biometric identity number.

True to his maverick image, Judge Chandrachud ruled Aadhaar unconstitutional and violating an individual’s basic rights.

He agreed with the majority verdict in the Sabarimala case that the practice of barring women of menstruating age from entering the Sabarimala temple was discriminatory and violated women’s human rights.

Judge Chandrachud was also part of a landmark judgment by a five-judge constitutional bench that recognized the “living will” written by terminally ill patients for passive euthanasia.

A bench led by him had ordered the demolition of property major Supertech’s 40-story twin towers in Noida, deemed illegal for violating standards.

Chandrachud served as a Judge of Bombay High Court from March 29, 2000 until his appointment as Chief Justice of Allahabad High Court from October 31, 2013.

Prior to that, he was appointed as Senior Solicitor by the Bombay High Court in June 1998 and became Additional Solicitor General in the same year until his appointment as a Judge.

After graduating with an Honors BA in Economics from St Stephen’s College, Delhi, Justice Chandracud completed his LL.B. from Campus Law Center, University of Delhi and earned a Master of Laws degree and a Doctorate of Juridical Science ( SJD) from Harvard Law School, USA.

He practiced law at the Supreme Court and High Court in Bombay and was a visiting professor of comparative constitutional law at the University of Mumbai.

(Only the title and image of this report may have been edited by Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)

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