“It is not an easy job ….my biggest achievement is that I am leaving an undivided court for my successor”
Quote given by Y V Chandrachud
One of the most important personalities who inspires every law pursuing person that is Yeshwant Vishnu Chandrachud also known as Y V Chandrachud. He was appointed as the judge of the Supreme Court of India on 28th august 1972 and the longest- serving Chief Justice in India’s history, and he was also known with the name as “Iron hand”. he was the 16th chief justice of India who served from the country from 22 February 1978 to the day he retired that is 11 July 1985. He was first appointed Justice to the Supreme Court of India on 28 August 1972 and is the longest-serving Chief Justice in India’s history at 7 years and 4 months. Justice Chandrachud was appointed during the term of Janata government by the chief justice of India and during this period the government was under the prime minister Morarji Desai. “kissa kursi case” one of the important case which was judged by justice Chandrachud in which Sanjay Gandhi was being arrested .after few years when congress government under Indira Gandhi came into power he was the first person to oppose that government.
He was appointed as judge in High court of Bombay in 19th March 1961 and Judge Supreme Court in 28th August 1972. Justice D.Y Chandrachud mentioned, how his father had a special place for criminal law in his heart and the former CJI’s verdicts served a reformative role, rather than only serve the, “penological purpose”
Some important judgement by Y.V Chandrachud gave
Habeas corpus case
One of the most important case when it comes to Indian constitution. Our history also speaks about this when it comes to Indira Gandhi government when she has declared the emergency during that time this case has come up when the judgment was given with the five sitter bench and that to the senior most judges were setting therein the supreme court and this case of habeas corpus was heard. In this it was said that under the restrictive maintenance of internal security act it was stated that our right to liberty and life which is mention In article 21 could not be suspended as it is a fundamental right even during the time of national emergency. The Indian constitution during that time itself provided that all fundamental rights, including the right to life under article 21 of the constitution, could be suspended during an Emergency. The Habeas Corpus majority decision therefore deferred to the original intent of the framers of India’s constitution. However, the Indira Gandhi government flagrantly misused their powers during the Emergency, and as a result, the doctrine of “original intent” has never taken a firm hold in India.
Minerva mills case
In the Minerva Mills case, the Supreme Court provided key clarifications on the interpretation of the basic structure doctrine. The court unanimously ruled that the power of the Parliament of India to amend the constitution is limited by the constitution. Hence the parliament cannot exercise this limited power to grant itself an unlimited power. In addition, a majority of the court also held that the parliament’s power to amend is not a power to destroy. Hence the parliament cannot emasculate the fundamental rights of individuals, including the right to liberty and equality.
Olga telliis v.bombay municipal corporation
In this case he had extended Article 21 (Right to Life) of the Constitution to slum dwellers, ruling that they had the right to a roof over their heads.
Shah bano case
In shah bano case , the bench headed by Chief Justice Chandrachud, invoked a provision in The Criminal Procedure Code, 1973 to order maintenance compensation to the divorced Muslim woman.
This case caused the Rajiv Gandhi government, with its absolute majority, to pass muslim women (protection of rights on divorce ) which diluted the judgment of the Supreme Court.
Gurbaksh singh sibbai v.state of Punjab
He clearly showed his empathy for criminal law where he laid down the law of anticipatory bail. He has held that anticipatory bail must be left to judges who have the experience to take a wise decision.
Reference :
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