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My father and I are separated in time but united in the Constitutional framework: Justice DY Chandrachud remembers former CJI YV Chandrachud
While speaking at a virtual event to commemorate the birth centenary of former Chief Justice of India, YV Chandrachud, his son and the current Supreme Court judge, Justice DY Chandrachud recollected how the former CJI upheld the Constitutional framework over everything else.
ILS Law College, Pune, which was the former CJI's alma mater, had held a virtual discussion on the topic "A Changing Society and Constitutional Continuity - Experience in Pursuit of Justice" to honor Justice YV Chandrachud on his birth centenary.
It was attended by Justice DY Chandrachud, Justice Rohinton Fali Nariman, Justice Mridula Bhatkar, Dr. Abhinav Chandrachud, and Dr. Chintan Chandrachud.
Late Justice YV Chandrachud was an alumnus of ILS Law College who later served as the Chief Justice of India from February 22, 1978, to July 11, 1985 (7 years 4 months). He was a Judge of the Supreme Court of India from August 28, 1972.
While speaking on changing society and Constitutional continuity, his son Justice DY Chandrachud stated that "our Constitution has changed through dialogues, and amendments. Its meaning has grown deeper by interpretations. However, the underlying structure remains constant."
"The Indian Constitution is a product of its time. The Constitution embodied a transformative vision at the start. The history of our Constitution must be traced alongside the prevalence of British rule where equal citizenship was not enjoyed." - Justice DY Chandrachud
Remembering the former CJI's contribution to Constitutional jurisprudence, Justice Chandrachud stated that the Constitution gave a voice to the historically marginalized.
"Judiciary has also stepped up to adapt to changing times while adhering to the basic concept of our Constitution. Justice YV Chandrachud tried to give voice to Constitutional justice," stated Justice Chandrachud.
Justice DY Chandrachud further mentioned how his father had a special place for criminal law in his heart and how the former CJI's verdicts served a reformative role rather than only serve the "penological purpose."
By citing recent verdict of Shayara Bano in which instantaneous divorce by Muslim men was struck down and the Vishaka case which led to the passage of the law against sexual harassment in the workplace, Justice Chandrachud commented on how "radical feminist thought has urged the State to intervene in the private sphere where women were treated as subordinates."
Justice Rohinton Fali Nariman also spoke on the former CJI, observing that the "Nariman's and Chandrachud's" go a long way. Senior Advocate Fali Nariman, Justice Nariman's father, was taught by Justice YV Chandrachud the audience was informed.
Senior Advocate Fali Nariman, Justice Nariman's father, was taught by Justice YV Chandrachud the audience was informed.
Justice RF Nariman
Elaborating on one of the most crucial verdicts by Justice YV Chandrachud, Justice Nariman stated that in the 1980 judgment of Minerva Mills vs Union of India, Justice Chandrachud had laid down how a balance between fundamental rights and directive principles had to be achieved.
"Justice YV Chandrachud's verdict in Minerva mills case shows the balance that needs to be made between fundamental rights (Part III) and directive principles (Part IV). He said disturbing this balance would disturb the basic structure of the Constitution." - Justice Nariman
Justice Nariman further stated that late CJI Chandrachud's empathy for criminal law was well known. His verdict in Gurbaksh Singh Sibbia's case (1980) had laid down the law of anticipatory bail. He had held that anticipatory bail must be left to judges who have the experience to take a wise decision.
Dr. Abhinav Chandrachud and Dr. Chintan Chandrachud in their addresses recollected their childhood memories spent with "ajju" (their grandfather).
