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The retirement of Justice D.Y. Chandrachud as Chief Justice of India on November 10, 2023, marks the end of a tenure characterized by both groundbreaking legal decisions and controversial pronouncements. While his judgments have left an undeniable mark on the legal landscape of India, critics have raised concerns about inconsistencies between his public statements and certain judicial outcomes.
Justice Chandrachud's legacy is multifaceted. His supporters point to landmark judgments such as the affirmation of the right to privacy as a fundamental right, the decriminalization of Section 377 (which criminalized consensual homosexual acts), and his role in paving the way for the Ram Temple at the Ayodhya site. These decisions, they argue, represent a significant shift in Indian jurisprudence, reflecting a more progressive and inclusive legal framework. Additionally, his administrative leadership during his tenure has been praised for initiatives like making the Supreme Court more accessible and implementing mandatory video conferencing for proceedings, particularly benefiting women lawyers who face challenges in attending physical hearings.
However, the consistency of Justice Chandrachud's public pronouncements with his judicial decisions has been a subject of debate. Critics highlight a disconnect between his stated views on issues such as abortion and marriage equality and the outcomes of the respective judgments. For instance, despite strong rhetoric advocating for reproductive rights in the abortion case, the law remains largely unchanged, leaving women in challenging situations. Similarly, the judgment on marriage equality, while demonstrating progressive thought, did not lead to concrete legal recognition of same-sex relationships. Further, the Ayodhya and Article 370 judgments, which respectively resolved the contentious land dispute and revoked the special status of Jammu and Kashmir, have been criticized for contradicting the strong principles of federalism and minority rights that Justice Chandrachud often espouses in public discourse.
The debate surrounding Justice Chandrachud's legacy ultimately highlights the complex relationship between judicial pronouncements and broader societal impact. While his judgments have undoubtedly shaped the legal landscape of India, critics argue that his approach to certain sensitive issues has been characterized by a disconnect between rhetoric and action. Whether this inconsistency reflects a strategic approach to judicial activism or a genuine incongruity between personal beliefs and judicial decisions remains a matter of ongoing discussion.
Source: Justice DY Chandrachud retires: Legal luminaries reflect on controversies and landmark rulings