From Overturning Father's Verdict To Other Key Rulings: All About DY Chandrachud, The 50th CJI (2024)

Right to privacy as a fundamental right

While writing the judgment for the conditional bench that upheld the right to privacy as a fundamental right, Justice DY Chandrachud overruled the habeas corpus case of the Emergency era which had held that fundamental rights can be suspended at a time when emergency is proclaimed. Justice Chandrachud said the right to privacy is an "intrinsic part of Right to Life and Personal Liberty under Article 21 and entire Part III of the Constitution". While doing so, he overturned his father, Justice YV Chandrachud's 1976 verdict in the famous ADM Jabalpur case, which stated Article 21 is the sole repository of all rights to life and personal liberty and when suspended takes away those rights altogether.

Sabarimalacase

Justice Chandrachud was part of the majority opinion that favoured the entry of women in the Sabarimala temple in Kerala.The bench ruled that devotion cannot be subjected to discrimination and patriarchal notion cannot be allowed to trump equality in devotion.

Decriminalising Section 377

In a historic judgment, a five-judge bench including Justice Chandrachud decriminalized a British-era law, section 377, which called for punishment of any individual who engaged in sexual activity “against the order of nature,” that according to the apex court violated the right to equality, triggering celebrations among LGBTQ activists. “History owes an apology to members of the community for the delay in ensuring their rights,” the SC added while striking down section 377 in September 2018.

Hadiya case

In the “Hadiya love jihad” case, the top court bench that included Chandrachud stressed on the right of a woman who has attained majority to exercise autonomy and the right to make decisions concerning her marriage and choice of adopting a religion.

Abortion for minors and unmarried women

In a landmark verdict in 2022, a bench of Justices D Y Chandrachud, A S Bopanna and J B Pardiwala held that marital status must not affect anyone’s right to seek an abortion. In its verdict it included unmarried women for abortion between 20-24 weeks of pregnancy under the Medical Termination of Pregnancy Act(MTP), saying limiting the provision to cover only married women will render it discriminatory and violative of Article 14. The apex court said that it could not possibly be the legislature's intent to deprive minors of safe abortions. The judgment was considered pivotal as it also includes persons who are not cisgender women.

Aadhaar

In a challenge to the validity of the Aadhaar scheme, Chandrachud Jr was the sole dissenter who noted that provisions of the act affected the right to privacy of the individual. Chandrachud’s dissenting opinion termed the passing of the Aadhaar scheme as a money bill unconstitutional.

Decriminalising adultery

Taking a stand for women's rights, a top court bench compromising of Chandrachud decriminalised adultery as a punishable offense. It further noted that the provision was rooted in patriarchal views that sought to subjugate women and deny them bodily and sexual autonomy. This is the second time CJI Chandrachud overturned his father's verdict. Thirty-seven years after his father upheld the validity of Section 497, Chandrachud ruled that the earlier view cannot be regarded as “correct exposition” of the constitutional position.

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Chief Justice Of India DY Chandrachud Justice DY Chandrachud CJI CJI Chandrachud