Former CJI Chandrachud defends Article 370 verdict, says provision was meant to fade away

Former Chief Justice of India DY Chandrachud has defended the Supreme Court’s verdict upholding the abrogation of Article 370 of the Constitution, stating that it was a temporary and transitional provision meant to fade away. In an interview with the BBC, Justice Chandrachud emphasised that the Supreme Court acknowledged the elected government’s decision to abrogate the provision, which was introduced as a transitional arrangement due to war conditions in the state.

Advertisement

Justice Chandrachud clarified that the Supreme Court set a timeline for the restoration of the democratic process in Jammu and Kashmir, directing the Election Commission to hold elections in the Union Territory without waiting for the restoration of statehood. Elections were indeed held in Jammu and Kashmir in October last year.

The former CJI also addressed allegations regarding his faith and its potential impact on his judgments. “I make no bones of the fact that I am a man of faith,” he said. “Our Constitution does not require you to be an atheist to be an independent judge, and I value my faith.” Justice Chandrachud emphasised that his faith teaches him the universality of religion and the importance of dispensing equal and even-handed justice.

Additionally, Justice Chandrachud dismissed concerns about his alleged closeness to Prime Minister Narendra Modi, stating that elementary courtesies between high constitutional functionaries do not influence judicial decisions. He highlighted that the Supreme Court had ruled against the government in the electoral bonds case, demonstrating the judiciary’s independence.

The former CJI also addressed concerns about the Indian judiciary’s diversity, noting that over 50 per cent of new recruits to the district judiciary are women. He emphasised that the higher judiciary reflects the status of the legal profession a decade ago, but expressed optimism about the increasing number of women entering the judiciary.