Chief Justice of India DY Chandrachud on democracy

No Institution In A Democracy Is Perfect: CJI Chandrachud

Chief Justice of India DY Chandrachud on Friday while talking about the Collegium system of appointing judges, said that no institution in a democracy is perfect.

“No institution in a Constitutional democracy is perfect. We work within the existing framework of the Constitution and we are faithful soldiers who implement the Constitution,” said the CJI while speaking at the Constitution Day celebrations organized by the Supreme Court Bar Association (SCBA).

Merely reforming the Collegium system of the apex court or increasing the salary of judges will not ensure that good and qualified people join the court.

“Getting good people in judiciary is not just about reforming the collegium…” the CJI said, adding that lawyers joining the bench as judges is a call of conscience and a commitment to the public.

He said that system has to make the office of a judge appealing to young lawyers.

CJI said November 26, 1959, was an important day because it was when the constituent assembly adopted the Constitution. The process of nation-building is a constantly evolving task, he said.

Constitution is constantly evolving to meet the new social realities of the time, CJI said.

He further said that the working of the Constitution depends on how the district judiciary is working. When we celebrate the Constitution we must be conscious of histories prior to the adoption of the Constitution, he added.

CJI said the legal profession must shed away its colonial underpinnings and in a country like India where summers include extreme heatwaves because of climate change we must reconsider the strict dress code for lawyers, especially in summers. The strictness of attire should not lead to moral policing of women lawyers, he added.

Law Minister Kiren Rijiju also attending the event said that a country progresses in the visionary guidance of its leaders.

“If leaders become weak, the country becomes weak. If CJI becomes weak, Supreme Court becomes weak and if Supreme Court becomes weak, the judiciary becomes weak. I congratulate Chief Justice of India DY Chandrachud and know the judiciary will rise under him,” Rijiju said.

He said he is committed to creating better infrastructure in the country.

“Independence of the Indian judiciary is untouched. We are here to protect it. Hum sab Ek hai. Aapas mein ladna theek nahi hai. (We are all the same, we should not quarrel among ourselves),” he added.

Attorney General R Venkataramani said that we need to see what justice needs of different sections of the community and restructure fundamentally our court system, our law framing, and our law reforms.

It is time we have a permanent Law Commission which is assisted by the best quality of experts, he said. (ANI)

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Supreme Court judge DY Chandrachud

Justice Chandrachud Takes Oath As 50th Chief Justice Of India

Supreme Court judge DY Chandrachud will take oath as the 50th Chief Justice of India on Wednesday.

President Droupadi Murmu will administer the oath of Office of the Chief Justice of India to Justice Chandrachud at Rashtrapati Bhavan here at 10:00 am today.
Justice Chandrachud will become the 50th CJI and will assume office on November 9. He will have a tenure till November 10, 2024. Supreme Court judges retire at the age of 65.

Justice Chandrachud is the second most senior judge of the Supreme Court.

His father Justice YV Chandrachud was the 16th Chief Justice of India serving from February 2, 1978, to July 11, 1985.

Justice Chandrachud, born on November 11, 1959, was appointed judge of the Supreme Court on May 13, 2016.

He was the Chief Justice of the Allahabad High Court from October 31, 2013, until his appointment to the Supreme Court.

Justice Chandrachud was the judge of the Bombay High Court from March 29, 2000, until his appointment as Chief Justice of the Allahabad High Court.

He had also served as Additional Solicitor General of India from 1998 until his appointment as a judge in the Bombay High Court. He was designated as a senior advocate by the Bombay High Court in June 1998.

Justice Chandrachud succeeds Justice UU Lalit. Justice Lalit on October 11, had recommended Justice DY Chandrachud’s name as his successor to the Centre in accordance with the convention. President Murmu had appointed him as the next CJI on October 17.

The Union Law Ministry had recently initiated the process for the appointment of the next CJI, asking the outgoing CJI to recommend his successor.

According to the Memorandum of Procedure (MoP), which governs the process of appointment of judges in the higher judiciary, the outgoing CJI initiates the process of naming the successor after getting a communication from the Law ministry.

The MoP states that the senior-most judge of the Supreme Court is considered fit to hold the office of the CJI and the views of the outgoing head of the judiciary have to be sought at the appropriate time.

The MoP, however, does not specify the time limit for the initiation of the process of recommending the name of the successor CJI. (ANI)

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Weekly Update: Adani Busts Modi’s Claims On Farm Laws; Justice Chandrachud’s Sermon

Prophetically, PM Modiji assured farmers that they had nothing to worry as selling in the open market would fetch higher prices for them than the meagre MSP. Modiji has undergone quite a metamorphosis in his premiership, changing from a savvy fashion icon with multi-lakh suits to a simple Yogi. Perhaps in his new incarnation in office he might have developed talents of a ‘seer’. But even the best Yogis get it wrong at times. This time pesky Adani has done exactly opposite of what Modiji predicted.

In Himachal, farmers decided to give the new deal a chance. Apple growers went to Adani Agrifresh Ltd to sell their stock. Adanis and Ambanis were going to be the new saviours of farmers, able in theory to give them twice the price of those state run Mandis and MSPs.

As it turned out, Adani offered them some ₹12 to ₹72 for a Kg of apples depending on their ‘happy’ colour, meaning quality and how red they were. Quick calculations on their fingers showed farmers that after calculating travel costs, input costs etc, they were in fact subsidising the apple free market. Usually it is the Government that subsidises farmers.

Several turned to the good old state run Agriculture Produce Market Committees (APMCs). Not surprisingly they were offered more, between ₹90 to ₹125 per Kg. Even the so called illiterate farmer, as Modi Government had suggested farmers don’t understand economics, worked out that ₹90 offered by APMC for the lowest quality apple is much higher than ₹72 offered by the capitalist Adani for the best quality Apples. It became a bit of no brainer for farmers to work out where to sell their apples, the state sector or the free market.

To rub salt into Modiji’s wounds, Adani’s apples sell for ₹250 per Kg after a bit of shiny plastic or other packing. A hefty 300% profit. It doesn’t seem after this, the farmers protest is going to go away in a hurry as nice old Adani has just proven them right. He just proved their fear that the freemarket will drive down the prices instead of enriching farmers. Perhaps, Modiji’s Yogi stage of life will come handy somewhere else.

Justice Chandrachud Foils Own Truth To Power Sermon

Justice Chandrachud is becoming a bit of a star celebrity among the liberal minded Indians. He has been making the right sounds, giving the impression that he is willing to uphold the law against any Government trying to do a bit of ‘bendy mendy’ with the Constitution. Perhaps he wants to make a name in the historical hallways of Supreme Court to stand shoulder to shoulder with the likes of Bhagwati and Iyer. However after unravelling his latest speech, it is obvious that there is a bit of a way to go before joining legends like Iyer and Bhagwati.

Justice Chandrachud has boldly advised his fellow countrymen, ‘to speak truth to power’. “Democracy and truth go hand in hand. Democracy needs truth to survive,” Chandrachud spoke with conviction.

He suggested that speaking out has been a privilege of upper castes so far and told all citizens of India to enjoy the freedom to express their opinion. Suggesting “women, Dalits and members of other marginalised communities have an important role to play in this context”, he said. “Since they did not enjoy the freedom to express their opinion, their thoughts were confined, crippled and caged. After abolition of the British Raj, the truth became the belief and opinion of upper-caste men.”

Perhaps he was subtly alluding to the Government when he said at the virtual event totalitarian governments are associated with a “constant reliance on falsehoods” and it is the duty of citizens to strengthen public institutions and expose the “lies of the State”.

Great words, one might say. But when the common man hears of journalists being slapped with ‘sedition’ charges after saying something unflattering about Modiji or the Bhakts and others speaking their version of truths such as Government has failed the people during the pandemic being thrown into jails, the esteemed Judge’s rally cry sounds a bit hollow. Where is the rickshaw-wallah going to get courage to ‘speak truth to power’ is a mystery which Justice Chandrachud might also want to solve.

Of course His Lordship can introduce suo moto cases in the SC and order dropping of all charges against those who ‘spoke truth to power’. But that hasn’t happened so far,

However, he gave an example, where a ‘clever’ citizen might sense the fear even in their Lordships rhetorical posturing. The Justice started, “It can’t be said that State will not indulge in falsehood for political reasons even in democracies”. An original statement of discovery if ever.

Now he is an Indian Judge extoling his average non elitist fellow citizens to “speak truth to power”. For empathy in the statement, one would think that he would have picked an example in Indian post 1947 history that most could relate to, such as the fabricated reasons on the 1984 attack on Golden Temple, the statements of Congress leaders after 1984 Delhi massacres, or the report after Gujrat riots or numerous other examples of explanations given by Indian politicians after riots, massacres, corruption scandals and a lot more that everyone knew were creative tales. These events are close to home and examples that the citizens can relate with. They are examples that citizens could feel should not have happened.

Their Lordship said this instead, “The role of US in the Vietnam War did not see the daylight until the Pentagon papers were published. In context of Covid, we see that there is an increasing trend of countries across the world trying to manipulate data. Hence, one cannot only rely on the state to determine the truth.”

How many Indians know of the ‘Pentagon’ papers in far off land, the USA! Or was the Justice playing it safe while firing his fellow citizens to stand up to politicians?

The Vietnam example is a bit naff. The politicians responsible for that war are dead and long gone. So no problem in ‘exposing the lies of Vietnam’ and still being invited to top legal tables in America. Even if he wanted to avoid the wrath of his own government and deflect away from home, he could have had cited the CIA report on Russian meddling in American elections when Trump was helped but Trump and Senate denied. Now that would have been the Justice standing by what he is preaching. Otherwise ‘speaking truth to power’ is just another fad and fashionable comment these days and Indians cannot be seen to be left out of what is trending around the world.

But if citizens did take his message to heart and start ‘speaking truth to power’, there will be millions of sedition or related charges. Politicians and lies are synonymous in the mind of most Indians. Currently it takes a few decades to get a hearing at the courts. Then it might take centuries if people take his advice.