Case Study: The Role of a "Sermon" Judge in Contemporary Judiciary - The Legacy of Chief Justice D.Y. Chandrachud

Objective: This case study is designed for law students to explore the complexities and ethical dilemmas faced by judges when they appear to deliver justice not just through law but also through public sermons, decisions, and symbolic acts. It is based on a retrospective assessment of the tenure of Chief Justice of India (CJI) D.Y. Chandrachud, reflecting upon how history may judge the actions of a 'sermon' judge. The students will analyze whether these actions upheld the principles of justice or served as cautionary tales for future judges.

Introduction: The Role of Judiciary and the Ethical Dilemma

In modern democracies, the judiciary plays a critical role in upholding constitutional values, delivering justice, and safeguarding the rights of citizens. However, what happens when a judge’s rulings appear to reflect public sentiment, personal beliefs, or extralegal considerations rather than the pure application of law?

This case study focuses on the career of Chief Justice D.Y. Chandrachud, often celebrated and criticized for his decisions and public image. His legacy offers an opportunity to assess how his rulings and public actions shape judicial integrity and the role of law in society.

Key Judgments and Controversies: An Examination of the 'Sermon' Approach

1. The Babri Masjid Case: Religion vs. Evidence

- Chief Justice D.Y. Chandrachud co-authored the historic judgment on the Babri Masjid dispute, a case that had far-reaching socio-political implications. However, he did not sign the judgment, raising questions about his position.

- Ethical Dilemma: Should judges factor in social harmony when deciding cases with significant religious or cultural implications, or should they strictly adhere to the legal evidence and the spirit of the Constitution?

2. Electoral Bonds: Legal Ruling with No Accountability

- Justice Chandrachud ruled electoral bonds illegal, addressing a contentious issue regarding political funding. However, there was no action taken to recover the funds or punish those involved in questionable practices.

- Ethical Dilemma: Is declaring a law illegal without implementing accountability measures a failure of justice, or is it a recognition of judicial limitations?

3. Political Integrity: Declaring Governments Illegal Without Action

- In cases involving the legitimacy of state governments, such as the Shinde/Fadnavis government in Maharashtra, Chief Justice Chandrachud declared the actions of the governor unconstitutional. However, he allowed the same government to continue in power, sending matters back to an illegal speaker.

- Ethical Dilemma: Can inaction be seen as a judicial endorsement of political illegality? Should judges enforce rulings with stronger actions, or defer to other state mechanisms?

4. High-Profile Investigations: From Adani Enterprises to Article 370

- When overseeing investigations like the Adani-Hindenburg controversy, Chandrachud's decision to involve a panel of experts rather than thoroughly probing the allegations himself left gaps. Similarly, in the abrogation of Article 370, his ruling justified the decision despite procedural anomalies, such as the lack of consultation with the state's legal assembly.

- Ethical Dilemma: Should judges be more thorough in scrutinizing politically sensitive cases, or defer to external panels and state authorities for complex investigations?

Human Rights and Social Justice: A Failing in the Face of Power?

1. The Incarceration of Muslim Activists

- Under Justice Chandrachud’s tenure, Muslim activists like Sharjeel Imam and Umar Khalid were denied bail repeatedly, even when legal arguments favored their release. Critics argue that this reflected a judicial bias against minority communities.

- Ethical Dilemma: Is it the judiciary's responsibility to protect the rights of minorities, or should it defer to state authorities in matters of national security and law enforcement?

2. The Bhima Koregaon Case and Fabricated Evidence

- Activists accused in the Bhima Koregaon case remained imprisoned, despite credible forensic evidence that their arrests were based on fabricated evidence. Father Stan Swamy died in custody during Chandrachud’s tenure, leading to questions about judicial apathy.

- Ethical Dilemma: Should the judiciary be more proactive in reviewing cases where there is substantial doubt about the integrity of the prosecution, or should it allow the due process of law to take its course?

Judicial Symbols and Public Perception: The Role of Rituals

1. Private Ceremonies with Political Leaders

- Justice Chandrachud’s participation in a religious ceremony alongside the Prime Minister raised concerns about judicial neutrality. Publicizing this event blurred the lines between his personal beliefs and his role as an impartial jurist.

- Ethical Dilemma: Can judges participate in public or religious events with political figures without compromising the perception of their impartiality?

2. The Transformation of Justice from Blind to "Seeing"

- In his judgments, Chandrachud invoked the idea that justice must now "see" the dynamics of oppression and power, suggesting that the judiciary should consider broader social contexts when delivering rulings.

- Ethical Dilemma: Should judges adapt their rulings to reflect social realities and power dynamics, or should they remain strictly neutral, interpreting the law as blind and impartial?

The Final Verdict: Reflections on the Legacy of Chief Justice D.Y. Chandrachud

- Public Accountability and Historical Judgment:

The actions of Chief Justice D.Y. Chandrachud have sparked intense public debate. Critics argue that his rulings reflect a departure from the fundamental values of justice, fairness, and constitutional duty. Supporters claim that his decisions were pragmatic and reflected the complexity of the issues at hand.

- Key Questions for Discussion:

- Should the role of a judge be strictly confined to legal principles, or is there space for broader social and moral considerations in judgments?

- How should history remember judges like D.Y. Chandrachud, who are both celebrated for their decisions and criticized for perceived inaction or bias?

- What are the long-term implications for judicial integrity when a judge’s rulings appear to align with political sentiment or social pressures?

Conclusion: Lessons for Future Judges

This case study offers law students an opportunity to reflect on the balance between delivering justice and maintaining judicial neutrality. While Chief Justice D.Y. Chandrachud often worked under immense scrutiny and political pressure, his rulings set precedents that defined not only legal outcomes but also the public’s perception of the judiciary.

In examining the career of Chief Justice D.Y. Chandrachud as a "sermon" judge, students must grapple with the ethical challenges of leadership within the judiciary, the limits of judicial intervention, and the importance of upholding constitutional values, even in the face of public or political pressures.

---

This case study will enable students to critically assess the role of a judge in modern society and explore the profound impact their actions can have on public trust in the judiciary.

For Guest Lectures on Public Policy, Law and Corporate Sustainability Contact

Dr Rakesh Varma Ex-IAS (VR)

+91-9415334449

Founder/CEO ESGmitra? www.esgmitra.com

[email protected]

https://www.esgcompliance.co.in/

Certified ESG Professional |Certified GRI Standards Sustainability Professional (CGSSP) | Govt. EGOsystem & ECOsystem Coder | ESG BRSR GRI Leader | MBA, LLB, Public Policy Maker & Analyst