CJI D.Y.

CHANDRACHUD: A TRAILBLAZING JOURNEY IN LAW

AND JUSTICE

Submitted To:
Dr. Dipak Das
ASSOCIATE PROFESSOR OF LAW “

PROFESSIONAL ETHICS

Submitted By:
UTKARSHANI SRIVASTAVA
SEMESTER X, SECTION:B,
ROLLNO: 170
B.A.LLB.(HONOURS)
019/2019/2159

Date of Submission: 4th April, 2024

”

“Hidayatullah National Law University ”

“UPARWARA POST, ABHANPUR, NEW RAIPUR-492002 (C.G.) ”

 “DECLARATION OF ORIGINALITY

I, Utkarshani Srivastava, an tenth semester student with the roll number 170, hereby confirm
that this project is entirely my own work.”

“Utkarshani Srivastava

Semester: X

Section: B

Roll No: 170”

 FORMATIVE YEARS: JUSTICE D.Y. CHANDRACHUD'S EARLY
LIFE AND EDUCATION

“ Chief Justice Dhananjay Yeshwant Chandrachud was born on November 11, 1959to his
father Y.V Chandrachud who was the 16th Chief Justice of India and mother Prabha
Chandrachud who was a singer in All India Radio.

 BACHELOR’S: He did his bachelor’s from St. Stephens College in Delhi in 1979 in
Economics and Mathematics followed by a bachelor’s degree in law from the Faculty
of Law at Delhi University in 1982. ”

 L.L.M: He graduated with an LL.M. from Harvard University in 1983 with the
highest mark in the Conflict of Laws course and the Joseph H. Beale medal, having
been granted the "Inlaks" scholarship.

 CHIEF JUSTICE: CJ of the High Court of Allahabad until his elevation to the
Supreme Court on October 31, 2013.

Judge Chandrachud oversaw the High Court of Bombay from March 29, 2000, until
he was appointed Chief Justice of the Allahabad High Court.
 In 1998, he held the position of Additional Solicitor General for India till he was
appointed to the High Court of Bombay. In the June of 1998, the Bombay High Court
designated him as a senior advocate.1

 SOCIAL ADVOCACY: In the course of his advocacy work, CJI Chandrachud

became interested in social issues. When HIV/AIDS was discovered in 1997, a
laborer who was denied employment by a government agency in the future was
represented by Dr. Chandrachud, who was an advocate at the time. The Bombay High
Court decided that as the worker was still physically capable of performing his job,
his merely getting HIV-AIDS did not amount to a violation of his Right to
Livelihood. In addition, Dr. Chandrachud has debated issues pertaining to the rights
of enslaved women as well as linguistic and religious minorities.2

 GLOBAL ENGAGEMENTS: He lectured on comparative constitutional law at the

University of Mumbai while serving as a visiting professor. In the United States, he
was at Oklahoma University School of Law as a visiting professor. Speaking at the
“Australian National University” and “Harvard Law School” in the United States was
Justice D.Y. Chandrachud.

He delivered speeches at conferences organized by the United Nations, including the

“World Bank, the Asian Development Bank, the International Labor Organization, the
United Nations Environment Program, and the UN High Commissioner for Human
Rights”. His areas of expertise included election, business, administrative,
constitutional, and environmental law.

LANDMARK JUDGMENTS THAT REFORMED LEGAL LANDSCAPE

1. JUDGMENT ON RIGHT TO PRIVACY

A nine-judge bench, which included Justice DY Chandrachud, unanimously

confirmed in the 2017 case Justice K.S. Puttaswamy (Ret.) & Anr. vs. Union of India
& Ors.3 that the right to privacy is guaranteed by the constitution. He wrote the
opinion that strongly disapproved of Justice Singhvi's decision in the Suresh Kumar

1
D.Y. Chandrachud (2023) Supreme Court Observer. Available at: https://www.scobserver.in/judges/d-y-
chandrachud/ (Accessed: 04 April 2024).
2
Standard, B. (no date) Who is D y Chandrachud?, Business Standard. Available at: https://www.business-
standard.com/about/who-is-d-y-chandrachud (Accessed: 04 April 2024).
3
“K.S. Puttaswamy (Aadhar-5J.) v. Union of India, (2018) 1 SCC 809”
 Koushal v. Naz Foundation 4(2014) case, upholding the principles of LGBT rights.
Based on his insights about privacy and sexual liberty, a ruling was made.

2. JUDGMENT ON LOVE JIHAD CASE

The Hadiya case, i.e. Shafin Jahan v Ashokan K.M.,5 is a 2017–2018 Indian Supreme
Court case that upheld the legality of Hadiya (formerly Akhila Ashokan) and Shafin
Jehan's marriage, which had been contested by Hadiya’s family. The main conflict has
been characterized by media sources as a "love jihad" accusation. Judge Chandrachud
affirmed that Hadiya's ability to choose her religion and marriage partner was
protected by her right to privacy and that an adult had the right to make decisions
about her marriage and religion.

3. RIGHT TO ABORTION

Judges DY Chandrachud, JB Pardiwala, and AS Bopanna made up a three-judge

Supreme Court bench that decided that all women, regardless of marital status, have
the right to a safe and legal abortion up until 24 weeks into their pregnancy. The
Supreme Court declared that abortion restrictions that made a distinction between
married and single women were "artificial and unsustainable." Justice DY
Chandrachud declared marital rape to be illegal in a historic ruling. The Supreme
Court granted women the right to an abortion by ruling that "sexual assault by a man
of his wife can take the form of rape."6

4. DECRIMINALISING SECTION 377

In a historic ruling in the 2018 case of Navtej Singh Johar v. Union of India7, the
Supreme Court decriminalized all forms of consenting adult intercourse, including
homosexual sex. Section 377 of the IPC was used by a five-judge panel, which
included Justice DY Chandrachud, to overturn the 158-year-old colonial legislation
on September 6, 2018. He emphasized throughout the delivery of the ruling that this
case involved far more than just decriminalizing a certain provision. "It's about an
aspiration to realize constitutional rights and the LGBT community's equal existence
as other citizens," he stated.

JUDICIAL DISAGREEMENTS: NOTABLE DISSENTING OPINIONS

4
“Naz Foundation v. Govt. (NCT of Delhi), (2016) 15 SCC 619”
5
Shafin Jahan v. Asokan K.M., (2018) 16 SCC 368
6
X v. State (NCT of Delhi), (2023) 9 SCC 433.
7
“Navtej Singh Johar v. Union of India, (2018) 10 SCC 1.”
 1. DISSENT IN THE SABARIMALA JUDGMENT-

In the case of Indian Young Lawyers Association v. State of Kerala,8 a five-judge

Constitution bench of the Supreme Court decided in a 3:2 decision in November 2019
that a larger bench should re-examine the issue of women of all ages being allowed to
enter Kerala's Sabarimala shrine. After considering many petitions challenging its
September 2018 ruling permitting women of all ages to attend the Hindu shrine, the
court made its conclusion. The dissenting judges, Justices Chandrachud and Rohinton
Fali Nariman (both of whom were on the original bench that rendered the majority
judgment), stated that defying the 2018 SC order is not an option.

2. THE AADHAAR JUDGMENT-

With Justice Chandrachud as the lone dissenter, the Indian Supreme Court ruled 4-1 on
September 28, 2018, upholding the Aadhaar Act's constitutionality. 9 Aadhaar was
unconstitutionally passed as a money measure and violated fundamental liberties,
according to Justice Chandrachud, who dissented from the majority in the well-known
Aadhaar ruling.

ADVANCING JUSTICE: D.Y. CHANDRACHUD'S IMPACT ON LEGAL

SYSTEMS AND POLICY
As CJI DY Chandrachud wraps up his first year leading the Indian judiciary, it is interesting
to review some of the significant administrative and infrastructural improvements he has
brought about.

1. POLICY CHANGES

E-Courts, hybrid hearings, E-Filing

CJI DY Chandrachud has been a trailblazer in bringing the newest technical advancements to
the judiciary, particularly in pushing for the widespread use of hybrid hearings. Following
notice that a number of High Courts and Tribunals are opposing hybrid hearings, a bench
chaired by Chief Justice DY Chandrachud issued an order preserving the ability for attorneys
and litigants to make virtual appearances. High Courts were also instructed to provide
attorneys and litigants with free wifi.

Some significant technical advancements made during this time are :

8
“Indian Young Lawyers Association v. State of Kerala, 2016 SCC OnLine SC 1783.”
9
“K.S. Puttaswamy (Aadhar/Privacy-3J.) v. Union of India, (2015) 8 SCC 735”
  Integrated Case Management System (ICMIS) upgrade for sophisticated legal
environment that is more effective

 The Supreme Court's online RTI portal was launched, allowing the public to submit
inquiries about the SC online under the Right to Information Act.

 The creation of E-Sewa Kendras to assist litigants and attorneys with electronic filing.
Since their founding, E-Sewa Kendras have answered more than 2400 inquiries.

 The purpose of the e-copying module is to expedite and streamline the process of
getting certified copies.

• The Su-Swagatham portal is now live, allowing online applications to get e-entry
credentials for Supreme Court visitors. By using this portal, 69,236 visitors had purchased
e-passes as of October 18, 2023.

eSCR Project and Neutral Citations

The Supreme Court Reports (eSCR) project was started by CJI, and it provides digital
versions of all the Supreme Court Reports. Additionally, the eSCR portal contains a search
feature that allows users to look for judgments based on searches. This portal's remarkable
feature is that all of the services are offered without charge. For young attorneys and law
students who might not be able to pay the fees associated with private judgment databases
and search engines, this is a huge help.

To guarantee a consistent style for referencing court rulings, CJI introduced the neutral
citations system for Supreme Court and High Court rulings in conjunction with the eSCR
initiative. There are currently more than 36,000 rulings accessible on the eSCR.

Translation to Regional language

The CJI also started a project to use artificial intelligence to translate Supreme Court rulings
into regional languages, making the rulings more understandable for the general public.

2. JUSTICE SYSTEM ENHANCEMENTS

A manual for overcoming gender prejudices

The Supreme Court published a "Handbook on Combating Gender Stereotypes" with the goal
of eliminating gender stereotypes from judicial discourse, which is a major step towards a
gender just legal order.
Additionally, the Court spearheaded efforts to integrate the LGBTQIA + Community into
Supreme Court grounds. Universal Rest Rooms have been established at various locations
within the Supreme Court's Additional Building Complex and main building. A gender-
neutral online appearance portal was also introduced earlier this year. The supreme court's
women's restrooms now have 14 incinerators and 96 new sanitary napkin dispensing
machines installed.

Improvements to the Listing Process

To give priority to matters pertaining to

individual liberty, CJI Chandrachud directed
that 10 transfer petitions and 10 bail
applications be placed before each bench of
the apex Court regularly.

A novel system was developed whereby

each day of the week is set aside for the
resolution of cases pertaining to certain
categories, such as criminal cases, MACT
cases, arbitration cases, etc.

There were 69,647 cases pending before him as Chief Justice. Despite the fact that 51,384
more cases were filed afterward, the Supreme Court's backlog of cases has not significantly
risen, with 70, 754 cases in arrears as of October 20, 2023. This indicates that over the time,
the case disposal rate has stayed remarkably high.10

3. INTERNATIONAL INFLUENCE AND OUTLOOK

In order to promote efficient judicial collaboration among Member States, CJI led the Indian
Delegation to the 18th meeting of Chief Justices/Chairpersons of the apex Courts of the
Shanghai collaboration Organization in New Delhi.

He attended a number of international conferences and meetings, including the following:

“Brandeis University, Massachusetts, USA; Georgetown Law University, Washington, DC,
USA; Bonavero Institute of Human Rights at the University of Oxford, United Kingdom;
Edinburgh Law School, University of Edinburgh; Cambridge Pro Bono Project (CPP),

10
Mathai/delhi, A. (2023) CJI D.Y. Chandrachud: The untold story, The Week. Available at:
https://www.theweek.in/theweek/cover/2023/10/21/chief-justice-of-india-d-y-chandrachud-s-love-for-
law.html (Accessed: 04 April 2024).
Faculty of Law, University of Cambridge, United Kingdom. for his visit to Harvard Law
School in Cambridge, he was bestowed with a 'Award for Global Leadership' by the Harvard
Law School Center for Legal Profession.” He also went to Westminster Abbey in London for
the Opening of the Legal Year.

In September 2023, the Supreme Court of Singapore arranged the First Singapore-India
Roundtable, and CJI Chandrachud led the Indian delegation. He also gave a talk at the
Singapore Academy of Law titled "Seven Decades of the Indian Constitution: The Life of a
Nation."

4. INFRASTRUCTURAL DEVELOPMENTS.

Recently constructed, the Additional building complex currently contains amenities such a
training and examination center, a yoga and recreation hall, a health and wellness center, and
a childcare center on the horizon. On October 5, 2023, a new canteen facility for litigants and
advocates was opened.

The Judges Library has undergone the necessary infrastructure modernization and
digitization. Inside Judges Library is a stunning sculpture known as the "Goddess of Justice,"
standing six feet tall. The Chief Justice of India also dedicated Soli Sorabjee's Bibliotheca,
located on the second floor of the recently constructed Judges Library. It contains books from
Mr. Sorabjee's personal collection, which his family donated to the Judges Library.

5. LEGAL EDUCATION ADVANCMENT

CJI, Justice DY Chandrachud, emphasized the significance of expanding university-level law

programs to far rural areas and guaranteeing inclusivity for a student not affluent in English
in an effort to democratize access to legal education.

Getting Past Linguistic Barriers

Referencing a diversity survey conducted by five law schools, the Chief Justice highlighted
the difficulties experienced by students from diverse origins in gaining admission because of
language obstacles.

He brought up the “Bhashini software”, which has translated more than 36,000 Supreme
Court rulings between 1950 and 2024 in an effort to make legal information more
comprehensible for practitioners at district courts who do not understand English.11
11
“Sinha, B. (2022) Dy Chandrachud, liberal judge who made history by consigning his father’s legacy to
Archives, ThePrint. Available at: https://theprint.in/judiciary/dy-chandrachud-liberal-judge-who-made-history-
by-consigning-his-fathers-legacy-to-archives/1205043/ (Accessed: 04 April 2024).”
Endorsement of Inclusivity in the Legal Education

"Law colleges and universities should design it, keeping in mind children coming from
diverse backgrounds,"
In order to ensure that the brightest students from Uttar Pradesh become the greatest
attorneys, the CJI further pleaded with the university management to maintain Hindi as the
language of instruction.

CONCLUSION

In summary, Chief Justice D.Y. Chandrachud's journey from his formative years to his tenure
as Chief Justice of India has been marked by significant contributions to the legal landscape,
both domestically and internationally. His early life and education laid the groundwork for a
distinguished legal career, where he demonstrated a commitment to social advocacy and
global engagement.

Throughout his career, Justice Chandrachud has delivered landmark judgments that have
reformed legal systems and contributed to justice delivery. From affirming the right to
privacy to decriminalizing consensual homosexual relationships, his judgments have left a
lasting impact on Indian society. His notable dissents, such as in the Sabarimala and Aadhaar
cases, reflect his commitment to upholding constitutional principles and protecting
fundamental rights.

Beyond the courtroom, Chief Justice Chandrachud has spearheaded policy initiatives and
infrastructural reforms aimed at strengthening India's justice delivery system. From
implementing e-courts and hybrid hearings to promoting inclusivity in legal education, his
efforts have modernized the judiciary and improved access to justice for all.

Internationally, Justice Chandrachud has represented India on numerous platforms,

advocating for judicial collaboration and promoting human rights. His engagements with
prestigious institutions around the world have elevated India's standing in the global legal
community.

In conclusion, Chief Justice D.Y. Chandrachud's legacy is one of judicial excellence, social
advocacy, and global leadership. His contributions to the justice delivery system, legal
reforms, and policy initiatives have left an indelible mark on India's legal landscape, setting a
precedent for future generations of jurists to follow.