Article 370 to UP Madarsa law: 10 key judgements by CJI Chandrachud

Chief Justice of India (CJI) DY Chandrachud completed his final working day on Friday, November 8, marking the end of his two-year leadership of the Indian judiciary. He is set to retire on Sunday, with Justice Sanjiv Khanna succeeding him.

On his last day, Justice Chandrachud presided over a constitutional bench that delivered a pivotal verdict on the minority status of Aligarh Muslim University. In a 4:3 decision, the bench overturned a 1967 judgment that revoked the university’s minority status, while leaving it to a three-judge bench to determine if the status should be reinstated.

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Landmark rulings by CJI Chandrachud

Electoral bonds case

In February, ahead of this year’s Lok Sabha elections, a five-judge Constitution bench headed by CJI Chandrachud struck down the Electoral Bonds scheme for political funding, which had been in place since 2018. 

Stating that financial contributions to a political party could lead to quid pro quo arrangements, the CJI said that the electoral bonds scheme, by anonymizing contributions to the political parties, infringes upon the right to information of the voter.

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Private property rights

Earlier this month, the Supreme Court by a majority of 7:2 held that all private properties cannot form part of “material resources of the community” empowering states to take them over for distribution to serve the “common good” under the Constitution.

The judgement of the nine-judge Constitution bench headed by Chandrachud provided clarity on the interpretation of Articles 31C and 39(b) of the Constitution, pivotal provisions concerning the rights of individuals against the state’s authority to control resources for the public good.

The CJI, however, wrote “This court is unable to subscribe to the expansive view adopted in the minority judgement authored by Justice Krishna Iyer in Ranganatha Reddy and subsequently relied on by this court in Sanjeev Coke. Not every resource owned by an individual can be considered a ‘material resource of the community’ merely because it meets the qualifier of ‘material needs’.”

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Article 370

In December 2023, a five-judge Constitution bench led by CJI upheld the scrapping of Article 370, which granted special status to Jammu and Kashmir. 

He said that Article 370 was a temporary provision to ease Jammu and Kashmir’s merger with India.

The court said that restoration of statehood to Jammu and Kashmir, which was divided into two Union Territories, including Ladakh “shall take place at the earliest and as soon as possible”.

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Same-sex marriage

In October 2023, a five-judge Constitution bench led by Chief Justice Chandrachud declined to grant legal recognition to same-sex marriages, stating there is “no unqualified right” to marriage beyond those defined by law.

The bench left the decision on marriage equality legislation to the legislature, acknowledging the government’s commitment to forming a panel, led by the cabinet secretary, to address the practical challenges faced by same-sex couples.

The court agreed that the barriers queer couples encounter in accessing essential services are discriminatory and called on the government panel to address these issues.

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Citizenship under section 6A

In October, the Supreme Court upheld the validity of a key citizenship rule that recognised the Assam Accord, granting citizenship to Bangladeshi refugees who had arrived before 1971.

Section 6A of the Citizenship Act was introduced in 1985 to allow refugees from Bangladesh (then East Pakistan), who had entered India between 1966-1971, to register as Indian citizens.

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Prison reforms

The same month, a bench led by Chief Justice Chandrachud banned caste-based discrimination like division of manual labour, segregation of barracks and bias against prisoners of de-notified tribes and habitual offenders and held as “unconstitutional” the jail manual rules of 10 states for fostering such biases. 

Observing that the “right to live with dignity extends even to the incarcerated” the bench asked the Centre and states to amend their prison manuals and laws within three months and file compliance reports.

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UP madrasa law

Earlier this month, a three-judge bench led by CJI upheld the validity of a 2004 law that regulates the functioning of madrasas in Uttar Pradesh and set aside an Allahabad High Court judgment that had declared the law unconstitutional and violative of the principle of secularism.

The bench held that the High Court had erred in holding that the statute must be struck down if it violates the secularism principle. “The state can regulate the standards of education (in madrasas)… regulations relating to the quality of education do not interfere with the administration of the madrasas,” the Chief Justice said.

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NEET-UG exam integrity

Amid the controversy over a string of paper leaks, the Supreme Court in July refused to cancel the 2024 NEET UG exam for entrance to medical colleges saying that the paper leak was not “systemic” or widespread enough that it affected the “integrity” of the exam.

The bench, headed by Chandrachud, said there wasn’t sufficient material available on the record to order a re-test but clarified that its judgment would not prevent authorities from taking action against candidates who had secured admission using malpractices.

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Legislative immunity and bribery

In March, a Constitution bench led by CJI ruled that an MP or MLA cannot claim immunity from prosecution if he or she is accused of taking a bribe for a vote or a speech in the legislature. 

Noting that corruption and bribery by legislators can potentially destroy the functioning of Indian Parliamentary democracy, the court held that taking a bribe is an independent crime and has no link with what a lawmaker says or does inside the Parliament or Legislative Assembly. Hence, the immunity from prosecution enjoyed by lawmakers will not shield them.

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Child marriage prevention

A bench headed by Chief Justice Chandrachud, in October, issued several directions for the effective implementation of the Prohibition of Child Marriage Act, 2006 and said that child marriage deprives children of their agency, autonomy and right to fully develop and enjoy their childhood. 

The bench ordered that state governments and Union Territories appoint officers solely responsible for discharging the functions of child marriage prohibition officers at the district level.

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“Both sexes are adversely affected by forced and early marriage. Marrying in childhood has the effect of objectifying the child. The practice of child marriage imposes mature burdens on children who are not physically or mentally prepared to comprehend the significance of marriage,” the court said.

Justice Sanjiv Khanna appointed next CJI

Justice Sanjiv Khanna was appointed the 51st Chief Justice of India. He will take oath on November 11, a day after incumbent Justice DY Chandrachud demits office on attaining the age of 65.

“In exercise of the power conferred by the Constitution of India, Hon’ble President, after consultation with Hon’ble Chief Justice of India, is pleased to appoint Shri Justice Sanjiv Khanna, Judge of the Supreme Court of India as Chief Justice of India with effect from 11th November, 2024,” Union law minister Arjun Ram Meghwal posted on X.

Justice Khanna was appointed an additional judge of the Delhi High Court in 2005 and was made a permanent judge in 2006. On January 18, 2019, he was elevated as a judge of the Supreme Court.

Born on May 14, 1960, he studied law at the Campus Law Centre of Delhi University.

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Some of the notable judgments of Justice Khanna in the Supreme Court include upholding the use of electronic voting machines in elections, saying the devices were secure and eliminating booth capturing and bogus voting.

He was also part of the five-judge bench that declared the electoral bond scheme, meant for funding political parties, as unconstitutional.

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