Chief Justice D.Y. Chandrachud Bids Farewell After Historic Tenure
On November 8, 2024, Chief Justice of India (CJI) D.Y. Chandrachud concluded his two-year term, leaving a profound mark on the Indian judiciary. His tenure, which began on November 9, 2022, will be remembered for landmark rulings and substantial reforms. Justice Chandrachud’s contributions in areas such as individual rights, privacy, and social justice have reshaped the legal landscape. His successor, Justice Sanjiv Khanna, is set to assume the role on November 11, 2024.
Landmark Decisions That Defined His Tenure
Justice Chandrachud presided over several high-profile cases, reinforcing constitutional values and protecting civil liberties. Key judgments during his tenure addressed the right to privacy, the decriminalization of homosexuality, transparency in electoral funding, and the sensitive Article 370 issue concerning Jammu & Kashmir. Reflecting on his last day in court, Justice Chandrachud acknowledged his impactful journey, expressing contentment and seeking forgiveness for any unintentional harm, quoting the Jain phrase “Michhami Dukkadam.”
Life After the Supreme Court Bench
As per Article 124(7) of the Indian Constitution, Justice Chandrachud, like all retired Supreme Court judges, cannot return to legal practice in Indian courts. This rule upholds judicial impartiality and prevents potential conflicts of interest. However, retired Chief Justices often continue to serve in other important capacities.
Potential Paths for Justice Chandrachud Post-Retirement:
- Arbitration and Mediation: Retired judges are frequently appointed as arbitrators or mediators in complex cases. Their expertise in legal interpretation makes them valuable in resolving disputes outside the courtroom under India’s Arbitration and Conciliation Act of 1996.
- Government Commissions and Tribunals: Former CJIs often head significant bodies such as the National Human Rights Commission (NHRC) or the National Green Tribunal (NGT), where their legal acumen can assist in addressing national issues.
- Academic Contributions: Many retired judges engage in academia, delivering guest lectures and mentoring the next generation of legal professionals, enriching the field with their extensive judicial experience.
- Public Service Roles: Retired CJIs may also be appointed to constitutional positions like state governorships or serve on key government committees, contributing to policy while remaining out of politics.
Post-Retirement Appointments: Ethical Considerations
While these roles enable retired judges to continue serving the public, there are ethical concerns. Some critics argue that appointments soon after retirement, such as former CJI Ranjan Gogoi’s appointment to the Rajya Sabha, risk undermining judicial independence by creating perceptions of potential conflicts of interest.
Justice Chandrachud’s Enduring Legacy
Justice Chandrachud’s tenure has set a standard of progressive, rights-oriented jurisprudence. His dedication to human rights, transparency, and gender equality has left a lasting impression. Notable rulings during his time include affirming the right to privacy, decriminalizing homosexuality, addressing electoral funding transparency, and advocating for gender equality in the judiciary.
Expressing confidence in Justice Sanjiv Khanna’s leadership, Chandrachud remarked, “There is not going to be any difference when I leave this court because a person as stable as Justice Khanna will take over.” His faith in his successor reflects a commitment to the ongoing strengthening of India’s judiciary.
As Justice Chandrachud steps down, his influence is set to continue, with his judgments likely to shape Indian law for years to come. Whether through public service, arbitration, or academia, retired Chief Justices like him leave a lasting impact, embodying the principles of justice and equality that they upheld in their judicial careers.
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