Justice Chandrachud took over because the Chief Justice in November 2022.
New Delhi:
Chief Justice DY Chandrachud accomplished his final working day on Friday after a two-year tenure on the helm of the Indian judiciary. He’ll retire on Sunday and hand over the baton to Justice Sanjiv Khanna.
In a becoming finish to his tenure, on his final working day, Justice Chandrachud headed a Structure bench that delivered an vital verdict on minority standing for the Aligarh Muslim College. In a 4:3 verdict, the bench determined to overturn a 1967 judgment that stripped the college of minority standing however mentioned a three-judge bench would determine if it must be granted once more.
Here is a take a look at a few of Justice Chandrachud’s key judgments because the Chief Justice:
Electoral Bonds Case
In February, forward of this 12 months’s Lok Sabha elections, a five-judge Structure bench headed by Chief Justice Chandrachud struck down the Electoral Bonds scheme for political funding, which had been in place since 2018.
The scheme, Chief Justice Chandrachud mentioned, was unconstitutional and arbitrary and will result in a quid professional quo association between political events and donors.
The bench, additionally comprising Justices BR Gavai, Sanjiv Khanna, JB Pardiwala and Manoj Misra, directed the State Financial institution of India (SBI) to cease issuing electoral bonds instantly and ordered the Election Fee of India to publish particulars of the political events which have acquired contributions via electoral bonds since April 2019 on its web site.
Non-public Property Verdict
Earlier this month, a nine-judge Structure bench led by Chief Justice Chandrachud, in an 8:1 majority judgment, mentioned all privately owned properties didn’t qualify as group assets that the State may take over for the frequent good.
The case associated to Article 31C of the Structure, which protects legal guidelines made by the State to fulfil directive rules of state coverage. Amongst them is Article 39B, which stipulates that the State shall direct its coverage in direction of making certain that the possession and management of the fabric assets of the group are so distributed as finest to subserve the frequent good.
“Does materials useful resource of a group utilized in 39B embrace privately owned assets? Theoretically, the reply is sure, the phrase might embrace privately owned assets. Nevertheless, this court docket is unable to subscribe itself to the minority view of Justice Iyer in Ranganath Reddy. We maintain that not each useful resource owned by a person will be thought-about a cloth useful resource of a group solely as a result of it meets the qualifier of fabric wants,” Chief Justice Chandrachud mentioned.
Article 370
In December 2023, a five-judge Structure bench led by Chief Justice DY Chandrachud upheld the scrapping of Article 370, which granted particular standing to Jammu and Kashmir.
Chief Justice Chandrachud mentioned Article 370 was a short lived provision to ease Jammu and Kashmir’s merger with India.
The court docket mentioned that restoration of statehood to Jammu and Kashmir, which was divided into two Union Territories, together with Ladakh “shall happen on the earliest and as quickly as attainable”. It additionally requested for Meeting elections to be held in Jammu and Kashmir by September 30, 2024.
Identical-Intercourse Marriage
A five-judge Structure bench headed by Chief Justice Chandrachud had, in October 2023, refused to accord authorized recognition to same-sex marriage, saying there was “no unqualified proper” to marriage aside from these which might be recognised by regulation.
Leaving it to the legislature to take a name on enacting the wedding equality regulation, the judges additionally famous the centre’s submission {that a} panel headed by the cupboard secretary will look into sensible difficulties confronted by same-sex {couples}. The bench agreed that difficulties confronted by queer {couples} in accessing primary companies are discriminatory and mentioned the federal government panel should look into them.
Part 6A
In October, the Supreme Court docket upheld the validity of a key citizenship rule that recognised the Assam Accord, granting citizenship to Bangladeshi refugees who had arrived earlier than 1971.
Part 6A of the Citizenship Act was launched in 1985 to permit refugees from Bangladesh (then East Pakistan), who had entered India between 1966-1971, to register as Indian residents.
The judgment was delivered by a five-judge Constitutional bench led by Chief Justice Chandrachud with a 4:1 majority.
Caste-Primarily based Discrimination in Prisons
The identical month, a bench led by Chief Justice Chandrachud banned caste-based discrimination like division of guide labour, segregation of barracks and bias in opposition to prisoners of de-notified tribes and recurring offenders and held as “unconstitutional” the jail guide guidelines of 10 states for fostering such biases.
Observing that the “proper to stay with dignity extends even to the incarcerated”, the bench requested the Centre and states to amend their jail manuals and legal guidelines inside three months, and file compliance stories.
“Legal legal guidelines of the colonial period proceed to impression the postcolonial world,” the bench mentioned.
UP Madrasa Regulation
Earlier this month, a three-judge bench led by Chief Justice Chandrachud upheld the validity of a 2004 regulation that regulates the functioning of madrasas in Uttar Pradesh and put aside an Allahabad Excessive Court docket judgment that had declared the regulation unconstitutional and violative of the precept of secularism
The bench held that the excessive court docket had erred in holding that the statute have to be struck down if it violates the secularism precept. “The state can regulate the requirements of schooling (in madrasas)… rules regarding the standard of schooling don’t intervene with the administration of the madrasas,” the Chief Justice mentioned.
NEET-UG Re-Examination
Amid the controversy over a string of paper leaks, the Supreme Court docket in July refused to cancel the 2024 NEET UG examination for entrance to medical schools saying that the paper leak was not “systemic” or widespread sufficient that it affected the “integrity” of the examination.
The bench, headed by Chief Justice Chandrachud, mentioned there wasn’t ample materials out there on the file to order a re-test however clarified that its judgment wouldn’t forestall authorities from taking motion in opposition to candidates who had secured admission utilizing malpractices.
Immunity For MPs And MLAs
In March, a Structure bench led by Chief Justice Chandrachud dominated that an MP or MLA can not declare immunity from prosecution if she or he is accused of taking a bribe for a vote or a speech within the legislature.
Noting that corruption and bribery by legislators can probably destroy the functioning of Indian Parliamentary democracy, the court docket held that taking a bribe is an unbiased crime and has no hyperlink with what a lawmaker says or does contained in the Parliament or legislative Meeting. Therefore, the immunity from prosecution loved by lawmakers won’t protect them.
Youngster Marriage
A bench headed by Chief Justice Chandrachud, in October, issued a number of instructions for the efficient implementation of the Prohibition of Youngster Marriage Act, 2006 and mentioned that youngster marriage deprives kids of their company, autonomy and proper to totally develop and revel in their childhood.
The bench ordered that state governments and Union Territories appoint officers solely chargeable for discharging the features of kid marriage prohibition officers on the district stage.
“Each sexes are adversely affected by pressured and early marriage. Marrying in childhood has the impact of objectifying the kid. The observe of kid marriage imposes mature burdens on kids who will not be bodily or mentally ready to grasp the importance of marriage,” the court docket mentioned.
(With inputs from companies)