Page 10 - D Y Chandrachud

Legislature can enact fresh law to cure deficiency, can't overrule it: CJI

Chief Justice D Y Chandrachud on Saturday said the legislature can enact a fresh law to cure a deficiency in a judgment but it cannot directly overrule it. Speaking at the Hindustan Times Leadership Summit here, Chandrachud said judges don't think about how the society would respond when they decide cases and that is the difference between the elected arm of the government and the judiciary. "There is a dividing line between what the legislature can do, and what the legislature can't do when there is a judgment of the court. If a judgment decides a particular issue and it points out a deficiency in law, it is always open for the legislature to enact a fresh law to cure the deficiency," the CJI said. "What the legislature cannot do is to say that we think the judgment is wrong and therefore we overrule the judgment. The judgment of a court cannot be directly overruled by the legislature," the CJI said. He also said judges are guided by constitutional morality and not public morality

SC rejects plea against transfer of Gyanvapi case from one court to another

The Supreme Court on Friday dismissed the Anjuman Intezamia Masjid Committee's plea challenging the Allahabad High Court chief justice's administrative decision withdraw the Gyanvapi case from a single-judge bench hearing it since 2021. The single-judge bench was hearing the plea challenging the maintainability of a suit seeking restoration of a temple at the site where the Gyanvapi mosque exists in Varanasi. Dismissed, a bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said after hearing the submissions of senior advocate Huzefa Ahmadi, who represented the mosque committee. We should not interfere with the order of the chief justice of the high court...In high courts, it is a very standard practice. This must lie in the realm of the chief justice of the high court, the bench said. The Anjuman Intezamia Masjid Committee (AIMC) is challenging the withdrawal of the case from one single judge bench and its assignment to some other bench by the

Don't want Supreme Court to become 'tarikh-pe-tarikh' court: Chandrachud

Chief Justice of India D Y Chandrachud on Friday urged lawyers not to seek adjournments in fresh matters, saying he does not want the Supreme Court to become a 'tarikh-pe-tarikh' court. At the outset of the day's proceedings, the CJI flagged the issue of lawyers seeking adjournments in fresh matters and said in the last two months adjournment slips were moved in 3,688 matters by advocates. "Unless it is very very necessary, please don't file the adjournment slips...I don't want this court to be a tarikh-pe-tarikh' court," the CJI, who was sharing the bench with justices J B Pardiwala and Manoj Misra, said. "Tarikh-pe-Tarikh" (repeated adjournments) was a famous Sunny Deol dialogue in Bollywood film "Damini" where the actor rued the adjournment culture in courts. The CJI said that now with the help of lawyers' bodies, the time gap in the listing of fresh matters after their filing in the top court has been significantly reduced. He, however, rued the fact that after their listing

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Sometimes it's vote of conscience: CJI on judgement on queer couples

CJI Chandrachud was speaking at the 3rd Comparative Constitutional Law discussion on the topic 'Perspectives from the Supreme Courts of India and the United States'

Legal system often played key role in perpetuating historical wrongs: CJI

Chief Justice of India D Y Chandrachud has said that unfortunately the legal system has often played a "pivotal role" in perpetuating "historical wrongs" against marginalised social groups and the harm caused by this can persist for generations. Chandrachud delivered the keynote address at the Sixth International Conference on the Unfinished Legacy of Dr. B.R. Ambedkar' at the Brandeis University, Waltham, Massachusetts, on Sunday. In his address titled Reformation Beyond Representation: The Social Life of the Constitution in Remedying Historical Wrongs', Chandrachud said that throughout history, marginalised social groups have been subjected to horrendous, egregious wrongs, often stemming from prejudice, discrimination and unequal power dynamics. From the brutal transatlantic slave trade that forcibly uprooted millions of Africans, the Native American displacement, caste inequalities in India affecting millions of backward castes to the oppression of indigenous Adivasi communities

CJI Chandrachud receives Harvard Law School's 'Award for Global Leadership'

The Chief Justice fondly remembered his time at Harvard as an LLM student in 1982-83 and then as an SJD candidate in 1983-1986

SC summons 2 NCLAT members for defying order, slams 'rot' in tribunal

A bench, which also had justices J B Pardiwala and Manoj Misra, asked the two NCLAT members to appear before the Supreme Court on October 30

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RSS welcomes SC decision not to grant recognition to same-sex marriage

The majority verdict of the court said there are no adoption rights for queer couples. While Narasimha agreed with Bhat and Kohli in not granting the right, Chandrachud and Kaul were in favour

Same-sex marriage: Here's what CJI Chandrachud said in his judgement

CJI Chandrachud on Tuesday said, 'The right to enter into union includes the right to choose one's partner and the right to recognition of that union'

Five-judge SC bench refuses to grant legal recognition to same-sex marriage

A five-judge Constitution bench of the Supreme Court on Tuesday refused to grant legal recognition to same-sex marriages. Chief Justice of India D Y Chandrachud, who was heading the bench pronouncing its verdict on 21 pleas seeking legal validation for same-sex marriages, said the court can't make law but only interpret it and it is for Parliament to change the Special Marriage Act. At the outset, Justice Chandrachud said there are four judgments -- by himself, Justices Sanjay Kishan Kaul, S Ravindra Bhat and P S Narasimha -- in the matter. Justice Hima Kohli is also a part of the five-judge bench. Directing the Centre, states and Union Territories (UTs) to ensure the queer community is not discriminated against, the CJI, who is heading the constitution bench, said queer is a natural phenomenon known for ages and is neither urban nor elitist. Justice Kaul said he agrees with the CJI on grant of certain rights to queer couples. "Non-heterosexual and heterosexual unions must be seen

CJI on same-sex marriage: Parl can change law, we can only interpret

The court can't make law but only interpret it and it is for Parliament to change the Special Marriage Act, Chief Justice of India (CJI) D Y Chandrachud said on Tuesday while pronouncing his verdict on 21 pleas seeking legal validation for same-sex marriages. At the outset, Justice Chandrachud said there are four judgments -- by himself, Justices Sanjay Kishan Kaul, S Ravindra Bhat and P S Narasimha -- in the matter. Justice Hima Kohli is also a part of the five-judge bench. Directing the Centre, states and Union Territories (UTs) to ensure that the queer community is not discriminated against, the CJI, who is heading the constitution bench, said queer is a natural phenomenon known for ages and is neither urban nor elitist. Justice Kaul said he agrees with the CJI on grant of certain rights to queer couples. "Non-heterosexual and heterosexual unions must be seen as both sides of same coin," he said, adding that legal recognition of non-heterosexual unions is step towards marriage .

SC to deliver verdict on pleas seeking same-sex marriage validity today

The apex court had commenced hearing arguments in the matter on April 18

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SC rejects plea of married woman to terminate 26-week old pregnancy

The Court said the cost of all medical procedure in he case would be borne by the State and the petitioner would have the choice to keep the child or give it up for adoption

Everything cannot be entertained to make SC dysfunctional: CJI Chandrachud

There may be a thousand issues meriting attention but everything cannot be entertained to make the Supreme Court dysfunctional, Chief Justice of India DY Chandrachud said on Tuesday while declining to hear an interim plea on the deaths of captive elephants in Kerala. "These are local issues which may be dealt with by the high courts. If they make an egregious error then we are here to correct those errors. But you know how can we run the country," a bench comprising Chief Justice Chandrachud, Justice JB Pardiwala and Justice Manoj Misra said. "What is the role of the Supreme Court in the nation ... we are not to deal with these, you know, micromanagement of issues which arise all over the country. If the high court commits an egregious error we are here and will correct the error," it said. Senior advocate CU Singh, appearing for an intervenor, at the outset raised the issue of deaths of captive elephants in Kerala, violation of rules and sought an urgent hearing. "More than 135 .

Rise in number of women judges nation-wide trend: CJI Chandrachud

Chief Justice of India (CJI) D Y Chandrachud on Friday referred to the significant increase in the number of women judicial officers and said it was a countrywide trend. At the outset of the proceedings, the CJI said, "We wish to share some happy news. Here in the back row (in the courtroom), we have 75 judges from the civil judge junior division from Maharashtra. Out of a batch of 75 judges, 42 are women and 33 men." "This is a trend happening across the country. There are more women judges in numbers," the CJI, who was sitting on a bench with Justices J B Pardiwala and Manoj Misra, said. Justice Chandrachud said he would meet the judicial officers, including the women judges, during the lunch hour. Some lawyers, including senior advocate Dushyant Dave, asked the CJI to take steps to raise the number of women judges in the apex court. "The appointments made today are a reflection of the bar 15 years ago," the CJI said. Recently, former Supreme Court Bar Association (SCBA) presid

SC appoints sign-language interpreter to help hearing-impaired persons

Chief Justice of India (CJI) D Y Chandrachud on Friday announced the appointment of a sign-language interpreter by the Supreme Court to help hearing-impaired lawyers and litigants to comprehend judicial proceedings. "Today, we have an interpreter whom the Supreme Court has appointed," the CJI said at the outset of the proceedings. "This is a historic moment," a lawyer said. The CJI said he wanted to have a sign-language interpreter for the Constitution bench hearings. On September 22, a bench headed by the CJI heard hearing-impaired lawyer Sarah Sunny through sign-language interpreter Saurav Roy Chowdhury in a case related to the rights of persons with disability (PwD). Lawyers and bar bodies had lauded the fact that the Supreme Court allowed a hearing-impaired lawyer to argue a case through a sign-language interpreter. CJI Chandrachud, who is sensitive towards providing accessibility to justice delivery systems to the differently-abled, also constituted a Supreme Court committee

16 media bodies write to CJI on 'repressive use' of investigating agencies

The associations said that as journalists and news professionals, we are always ready and willing to cooperate with any bona fide investigation