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 stated a three-judge bench would resolve if it needs to 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 stated, 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 by way of electoral bonds since April 2019 on its web site.
Personal Property Verdict
Earlier this month, a nine-judge Structure bench led by Chief Justice Chandrachud, in an 8:1 majority judgment, stated all privately owned properties didn’t qualify as neighborhood sources that the State might take over for the widespread 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 the direction of making certain that the possession and management of the fabric sources of the neighborhood are so distributed as finest to subserve the widespread good.
“Does materials useful resource of a neighborhood utilized in 39B embrace privately owned sources? Theoretically, the reply is sure, the phrase could embrace privately owned sources. Nonetheless, this courtroom 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 neighborhood solely as a result of it meets the qualifier of fabric wants,” Chief Justice Chandrachud stated.
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 stated Article 370 was a brief provision to ease Jammu and Kashmir’s merger with India.
The courtroom stated 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 potential”. 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 excluding 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 providers are discriminatory and stated 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 towards 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 reviews.
“Prison legal guidelines of the colonial period proceed to affect the postcolonial world,” the bench stated.
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 courtroom had erred in holding that the statute should be struck down if it violates the secularism precept. “The state can regulate the requirements of schooling (in madrasas)… laws regarding the standard of schooling don’t intervene with the administration of the madrasas,” the Chief Justice stated.
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 faculties 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, stated there wasn’t ample materials accessible on the document to order a re-test however clarified that its judgment wouldn’t stop authorities from taking motion towards 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’t 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 doubtlessly destroy the functioning of Indian Parliamentary democracy, the courtroom held that taking a bribe is an impartial 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 is not going to 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 stated that baby marriage deprives youngsters of their company, autonomy and proper to completely 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 youngsters who usually are not bodily or mentally ready to grasp the importance of marriage,” the courtroom stated.
(With inputs from businesses)