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The tenure of Chief Justice of India (CJI) D.Y. Chandrachud, set to conclude on November 10th, has been met with sharp criticism from senior lawyer Dushyant Dave. Dave, a former president of the Supreme Court Bar Association, expressed his disappointment in a wide-ranging interview with Karan Thapar for The Wire. Dave had initially expressed optimism about Chandrachud's appointment but now feels his expectations were dashed. Dave’s criticism focuses on Chandrachud’s performance as CJI, his judicial decisions, and his administrative leadership. He argues that despite the CJI's public pronouncements on women's rights, no female judges were appointed to the Supreme Court during his tenure, despite 17 new judges being appointed. This stark contrast between rhetoric and action undermines the credibility of Chandrachud's commitment to gender equality.
Dave further criticizes Chandrachud's high media profile, arguing that a Chief Justice should focus on judicial duties, not media attention. He highlights the unprecedented media visibility of CJI Chandrachud, a departure from the expected decorum of the office. He believes that this overexposure compromises the perception of judicial impartiality and undermines the sanctity of the judiciary. Moreover, Dave takes issue with Chandrachud's management of the judicial roster, claiming it was arbitrary and swayed by political motivations. He specifically cites the CJI's decision to withdraw a case being heard by a bench headed by Justice Sanjay Krishna Kaul, which was critical of the government's failure to implement collegium recommendations. This move, Dave argues, let the government off the hook and raised questions about the CJI's impartiality.
Dave's critiques are likely to spark further debate about the role of the CJI, the balance between judicial independence and accountability, and the need for transparency and fairness within the judicial system. His accusations of political bias and preferential treatment are serious, highlighting the public's growing concern about the perceived influence of the executive on the judiciary. The lack of female judges on the Supreme Court, despite Chandrachud's public commitment to women's rights, adds to the critique of his tenure. Dave's statements paint a stark picture of a CJI failing to live up to the ideals and expectations of the role. As Chandrachud's tenure comes to a close, his legacy will likely be defined by the complex interplay of his accomplishments and these criticisms.
Source: CJI Chandrachud’s tenure controversial, disappointing, forgettable: Dushyant Dave