Justice DY Chandrachud will be the 50th CJI of the country. CJI UU Lalit has recommended his name to Law Minister Kiren Rijiju. CJI Lalit will retire on November 8. Justice Chandrachud will take oath as CJI on November 9. CJI Lalit handed over a copy of his letter to Justice Chandrachud, personally, in the presence of the SC judges on Tuesday morning.
Justice Chandrachud\'s father was the 16th CJI
Justice Chandrachud\'s father Yashwant Vishnu Chandrachud was the 16th CJI of the country. His tenure lasted from February 22, 1978, to July 11, 1985, i.e. for about 7 years. He will sit in the same post 37 years after his father\'s retirement. Justice Chandrachud has also overturned two major decisions of his father in the SC. He is known for his impeccable decisions. Justice DY Chandrachud will have a tenure of 2 years from November 9, 2022, to November 10, 2024.
Law Minister Kiren Rijiju wrote a letter to CJI Lalit on 7 October urging him to name his successor. It is a convention that the incumbent CJI recommends the name of his successor only when he is requested to do so by the Law Ministry.
Justice DY Chandrachud reversed 2 decisions of the father
In 2017-18, Justice Chandrachud overturned the two decisions of his father, Adultery Law and Shivkant Shukla Vs ADM Jabalpur.
1. In the year 1985, a bench of then Chief Justice YV Chandrachud upheld Section 497 of the IPC in the Saumitra Vishnu case. At that time, the bench had written in its judgment – it is generally accepted that the man who is tempted to have a relationship is the man and not the woman.
Reversing this decision in 2018, a bench of Justice DY Chandrachud said - Adultery law is a codified rule of patriarchy. He said that autonomy should be given importance.
2. In the year 1976, in the Shivkant Shukla vs ADM Jabalpur case, the Supreme Court did not consider privacy as a fundamental right. Former CJI YV Chandrachud was also on that bench.
In 2017, the Supreme Court recognized privacy as a fundamental right. DY Chandrachud was also included in this bench. Chandrachud wrote in his decision – There were serious flaws in the majority decision in the ADM Jabalpur case. By accepting the Constitution, the people of India have not surrendered their life and personal liberty to the government.
Justice Chandrachud, former Chief Justice of Allahabad High Court
Justice DY Chandrachud took over as the judge of the Supreme Court on 13 May 2016. Before joining the Supreme Court, he was the Chief Justice of the Allahabad High Court. At the same time, he has also worked as a judge in the Bombay High Court. Justice DY Chandrachud has given lectures in many big universities of the world. Before being appointed as a judge, he was the Additional Solicitor General of the country. He has been a judge in Sabarimala, Bhima Koregaon, Aadhaar, and Ayodhya cases.
The decision to demolish Noida Twin Towers
Both the towers of Supertech in Noida were demolished on August 28. On August 31, the Supreme Court ordered the demolition of the towers. The construction of the twin towers violated the rules of the National Building Code.
hadia case
In Kerala, Akhila Ashokan alias Hadiya (25) married a Muslim boy named Shafeen in 2016. The girl\'s father had alleged that it was a case of love jihad. His daughter was forcibly converted and married. The High Court then annulled the marriage and ordered Hadiya to be kept with her parents. After this, the matter reached the Supreme Court and the court set aside the order of the Kerala High Court regarding the annulment of Hadiya\'s marriage.
privacy as a fundamental right
In 2017, the Supreme Court recognized privacy as a fundamental right. DY Chandrachud was also included in this bench. Chandrachud wrote in his decision – There were serious flaws in the majority decision in the ADM Jabalpur case. By accepting the Constitution, the people of India have not surrendered their life and personal liberty to the government.
Right of abortion for unmarried
The Supreme Court gave the right to abortion to all women, whether married or unmarried. The court said that under the Medical Termination of Pregnancy Act, everyone has the right to abortion from 22 to 24 weeks. The bench was headed by Justice DY Chandrachud.
3 statements of Justice Chandrachud, which remained in the discussion
We do not want the Supreme Court to be a date-to-date court. I have to get up at 3.30 am to read the case file. The judges are working hard, but the lawyers are not ready to argue their cases.
The imposition of government machinery to curb dissent instills a sense of fear. Calling dissent anti-national is an attack on democracy.
A different idea is like a safety valve in the pressure cooker of democracy. It cannot be tied to the strong force of the police, otherwise, it will explode.
Justice Chandrachud is a member of the Supreme Court Collegium. They have objected to the suggested names of CJI for SC judges. Apart from them, Justice Nazir has also objected to the method adopted in the CJI\'s letter dated October 1. However, he did not disclose any views against any candidate in it.
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