A Balanced Perspective on Achievements and Challenges.
The role of the Chief Justice of India (CJI) is pivotal in upholding the constitution, interpreting laws, and ensuring the protection of individual rights. CJI D.Y. Chandrachud, who assumed office on November 9, 2022, and will retire on November 10, 2024, is often seen as a reformist and forward-thinking judge who has influenced various landmark decisions. From promoting technological advancements in the judiciary to championing gender equality, his tenure reflects both progress and challenges.
However, his tenure has not been without criticism. While his progressive judgments have been lauded, there are growing concerns about the judiciary's handling of men’s rights and accusations of judicial restraint in cases involving political sensitivities. In this article, we delve into the achievements, failures, and public opinion surrounding CJI D.Y. Chandrachud, providing a balanced assessment of his tenure.
1. Right to Privacy: Cementing Personal Freedoms
One of CJI Chandrachud’s earliest and most significant contributions came before his appointment as the Chief Justice, in the landmark Right to Privacy case (2017). He was instrumental in declaring the Right to Privacy a fundamental right under Article 21 of the Indian Constitution. This judgment expanded the scope of personal liberty and reshaped the legal landscape regarding data protection, individual freedom, and government surveillance.
This judgment not only fortified personal rights but also laid the groundwork for future judicial developments related to the digital age. The recognition of privacy as a constitutional right reflects CJI Chandrachud’s deep commitment to personal autonomy and individual dignity, securing his place as a visionary in Indian jurisprudence.
2. Sabarimala Verdict: Progressive but Controversial
In one of the most debated cases of his career, CJI Chandrachud delivered a judgment allowing women of all ages to enter the Sabarimala temple in Kerala. Traditionally, women between the ages of 10 and 50 were barred from entering the temple due to religious customs. The verdict, which sought to end this gender-based discrimination, was seen as a milestone for women’s rights and gender equality.
However, the judgment sparked widespread protests, with critics arguing that it interfered with religious traditions. While his stance on gender equality was widely appreciated, many viewed this decision as disregarding religious sentiments. The public reaction to this verdict showcased the delicate balance between protecting constitutional rights and respecting cultural values.
3. Electoral Bond Scheme: Missed Opportunity for Reform?
One of the more contentious aspects of CJI Chandrachud’s tenure is his stance on the Electoral Bond scheme. The scheme, introduced in 2018, allows individuals and companies to donate to political parties without disclosing their identity, raising concerns about transparency in political funding.
While many expected the judiciary to take a more assertive stand, the Supreme Court under CJI Chandrachud has faced criticism for not striking down or seriously challenging this scheme. Critics argue that this was a missed opportunity to strengthen India’s democratic framework and curb the influence of undisclosed corporate funding in politics. His handling of this case has left some questioning the judiciary's willingness to tackle issues that affect the integrity of India’s electoral process.
4. Adultery Law: A Progressive Take on Personal Liberty
In 2018, CJI Chandrachud was part of the bench that decriminalized adultery by striking down Section 497 of the Indian Penal Code (IPC). The outdated law, which treated adultery as a criminal offense only for men, was deemed unconstitutional as it violated the right to equality and personal liberty.
By doing away with this colonial-era law, the judgment marked a shift toward modernizing Indian family law. However, critics argue that this decision undermined the sanctity of marriage and left room for moral ambiguity. Despite the pushback, this judgment is regarded as one of the more progressive milestones of CJI Chandrachud's career, reflecting his commitment to gender justice and personal freedoms.
5. Promoting Technological Reforms in the Judiciary
One of CJI Chandrachud’s notable contributions has been the modernization of the judiciary, particularly during the COVID-19 pandemic. He spearheaded the shift towards virtual hearings, which made justice more accessible during lockdowns. As a proponent of judicial reforms, he has emphasized the use of technology to make the judicial process more transparent, efficient, and accessible.
Under his leadership, initiatives like e-filing, live-streaming of important cases, and the digitization of court records have become more prominent. These reforms have been widely appreciated for addressing the perennial issues of judicial delay and pendency.
However, while technology has made significant inroads, concerns remain about its reach, particularly in rural areas where internet access remains limited. The challenge for CJI Chandrachud has been to ensure that justice becomes accessible to all, not just those in urban centers.
6. Gender Bias Concerns: Ignoring Men’s Rights?
One of the criticisms levied against CJI Chandrachud is his perceived failure to address the growing concerns around men’s rights. Activists argue that the judiciary, under his leadership, has overlooked the gender bias that often affects men in cases involving domestic violence, false allegations, and divorce settlements.
Many believe that Indian laws, particularly in the realm of family disputes, disproportionately favor women. There is a growing call for judicial reforms to protect men’s rights, especially when it comes to issues of false accusations and exploitation in legal proceedings. While CJI Chandrachud has made strides in promoting gender equality, his lack of attention to men’s safety remains a contentious issue.
7. Judiciary vs. The Executive: Balancing Independence
CJI Chandrachud’s tenure has seen its fair share of tensions between the judiciary and the executive. While the Supreme Court has often been seen as an independent body, some critics argue that there have been moments where the judiciary, under his leadership, has shown restraint in challenging the government.
Instances like the handling of the Electoral Bond case and certain electoral reforms have led to speculation about whether the judiciary is doing enough to maintain its independence. However, CJI Chandrachud has emphasized the judiciary’s role as a guardian of the Constitution, balancing its independence with the need to respect democratic processes.
8. Future Challenges: Continuing the Reformist Agenda
As CJI D.Y. Chandrachud nears his retirement on November 10, 2024, there are several challenges he must address to solidify his legacy. These include tackling the judicial backlog, ensuring access to justice for marginalized communities, and addressing the gender bias concerns that continue to stir debate.
Moreover, the relationship between the judiciary and the executive will likely be a defining feature of his tenure. Whether the Supreme Court can continue to assert its independence in politically sensitive cases will shape both CJI Chandrachud’s legacy and the future of Indian democracy.
Conclusion: A Visionary with Challenges
CJI D.Y. Chandrachud’s tenure has been marked by progressive judgments, technological reforms, and a commitment to gender equality. His achievements in promoting personal freedoms, modernizing the judiciary, and advocating for women’s rights have garnered widespread appreciation. However, his legacy is not without challenges, particularly in the areas of men’s rights and the judiciary’s perceived reluctance to confront political powers head-on.
As CJI Chandrachud approaches his retirement on November 10, 2024, his success will depend on how effectively he addresses these concerns, ensuring that the judiciary remains a pillar of independence and justice in India. His tenure, like those of his predecessors, will be remembered as a mix of visionary achievements and missed opportunities, but it undeniably reflects a forward-thinking approach to India’s legal landscape.
References
1. Chandrachud, D.Y. (2017). Right to Privacy Judgment.
2. Supreme Court of India. (2022). Sabarimala Temple Verdict.
3. Legal News India. (2023). Analysis of Electoral Bond Scheme Case.
4. The Hindu. (2018). Decriminalization of Adultery.
5. Bar and Bench. (2022). Technological Reforms in Indian Judiciary.
6. Men’s Rights India. (2023). Gender Bias in Legal Proceedings.