Chief Justice DY Chandrachud concluded his last working day on Friday after serving a two-year term at the head of India’s judiciary. He is set to retire on Sunday, passing the leadership to Justice Sanjiv Khanna. On his final day, he led a Constitution bench that delivered a significant ruling on the minority status of Aligarh Muslim University. In a 4:3 decision, the bench reversed a 1967 ruling that had removed the university’s minority status, although it decided that a three-judge bench would determine whether it should be reinstated.
Here’s a summary of some of Justice Chandrachud’s key decisions during his tenure:
Article 370
In December 2023, a five-judge Constitution bench led by Chief Justice Chandrachud upheld the revocation of Article 370, which had granted special status to Jammu and Kashmir. The court explained that the provision was intended as a temporary arrangement to aid Jammu and Kashmir’s integration into India. The bench also emphasized the need for the restoration of statehood to Jammu and Kashmir and the holding of Assembly elections by September 30, 2024.
DY Chandrachud Delivered Electoral Bonds Case Judgment
In February, ahead of the 2024 Lok Sabha elections, Chief Justice Chandrachud led a five-judge Constitution bench that declared the Electoral Bonds scheme, which had been in effect since 2018, unconstitutional. He criticized the scheme for being arbitrary and prone to fostering quid pro quo relationships between political parties and donors. The bench ordered the State Bank of India to halt the issuance of electoral bonds and mandated the Election Commission to publish the details of political parties receiving such funds since 2019.
Private Property Verdict By DY Chandrachud
Earlier this month, a nine-judge Constitution bench, under Justice Chandrachud’s leadership, ruled in an 8:1 majority that privately owned properties could not be classified as community resources for the State to seize for public benefit. The case pertained to Article 31C, which safeguards laws made by the State to fulfill directive principles of state policy. Justice Chandrachud clarified that privately owned resources could not automatically be considered as material resources for the community unless they meet certain criteria.
Same-Sex Marriage
In October 2023, Chief Justice Chandrachud presided over a five-judge bench that denied legal recognition to same-sex marriages. The bench concluded that there was no unqualified right to marriage, except for those recognized by law. While the court left it to the legislature to consider enacting a marriage equality law, it acknowledged the challenges faced by same-sex couples in accessing essential services, calling for the government to address these issues.
Section 6A Judgment By Chandrachud
In October 2023, the Supreme Court upheld the validity of Section 6A of the Citizenship Act, which grants citizenship to Bangladeshi refugees who entered India before 1971. The ruling, delivered by a five-judge bench, recognized the Assam Accord and allowed refugees who arrived between 1966-1971 to be registered as Indian citizens.
Caste-Based Discrimination in Prisons
A bench led by Justice Chandrachud in October ruled against caste-based discrimination in prisons, particularly practices like segregating prisoners based on caste or tribe. The court declared such practices unconstitutional and ordered the government to amend the jail manuals of 10 states within three months to eliminate these biases.
UP Madrasa Law
Earlier this month, Chief Justice Chandrachud headed a bench that upheld a 2004 law regulating madrasas in Uttar Pradesh. The bench overturned a ruling by the Allahabad High Court that had declared the law unconstitutional. The Supreme Court held that the state could regulate madrasa education standards without violating the principle of secularism.
NEET-UG Re-Exam
Amid controversies surrounding paper leaks, the Supreme Court, in July, refused to cancel the 2024 NEET UG exam, ruling that the leaks did not sufficiently affect the integrity of the exam. However, it stated that authorities could take action against those involved in malpractices.
Immunity For MPs and MLAs
In March, a Constitution bench led by Chief Justice Chandrachud ruled that Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) could not claim immunity from prosecution if they were accused of bribery in exchange for a vote or speech in the legislature. The court emphasized that such acts of corruption were independent offenses that could not be shielded by parliamentary immunity.
Child Marriage
In October, Chief Justice Chandrachud’s bench issued directives for the effective enforcement of the Prohibition of Child Marriage Act, 2006. The court highlighted the detrimental effects of child marriage on children’s autonomy and development. It instructed state governments and Union Territories to appoint district-level officers responsible for enforcing child marriage prohibitions.
Justice Chandrachud’s leadership has marked a significant chapter in India’s judicial history, with landmark rulings that have shaped various aspects of Indian law.
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