CJI DY Chandrachud Was Willing To Tackle Complex Issues Which Previous CJIs Avoided: Kapil Sibal

Supreme Court Bar Association President Kapil Sibal on Friday commended Chief Justice of India DY Chandrachud for his willingness to address complex issues such as Article 370, same-sex marriage, and electoral bonds which previous CJIs may have avoided.

“The other attribute of Chief Justice was that he was willing to deal with these complex issues and I dare say that the past Chief Justices would not allow themselves to deal with those issues for years. Whether it was 370 or it was same sex marriage, or it was electoral bonds, or any of those very large issues that actually change the contours of our being. You were willing to take it forward, you were willing to address the issues within the contours of those complexities and you address them with great clarity. And therefore we must thank you for all that you have done. We may not agree with you, it's not necessarily to agree, but at least we must salute you for the fact that you were ready, willing to deal with those complexities.”

Sibal was speaking at the farewell function organised by the Supreme Court Bar Association (SCBA) on Friday to honor Chief Justice of India DY Chandrachud, who is set to retire on November 10. CJI Chandrachud, who took office on November 9, 2022, served as India's 50th Chief Justice.

Sibal noted that he had also appeared before the CJI's father, former Chief Justice YV Chandrachud, who served as CJI for over seven years. “Chief Justice Chandrachud had to match up to the qualities and the achievements of his father. I must say you outpaced him, judge. You truly outpaced him,” Sibal remarked.

He outlined the importance of life and liberty as fundamental human attributes, saying that these rights must not be taken away except under due process of law. Sibal pointed out, “But you judge the man and the judge on the basis of that yardstick. How often, how passionate, how committed he was to life and to liberty. The other yardstick on which you judge a person is - Did he further the cause of equality before the law?” He emphasized that CJI Chandrachud's commitment to these principles was evident throughout his tenure and that his judgments had a consistent focus on protecting life, liberty, and equality.

“The court is not built from the walls of the courtroom or the arches of its buildings. But the work its judges do to fulfil their constitutional duties. Ultimately, the legacy of any judge is measured by how he has sought to safeguard citizens' rights and in that regard it is beyond all doubt, that Chief Justice Chandrachud has rendered some phenomenal judgments. Your tenure was deeply rich, generative, bringing with it the development of a vast landscape of law, thereby impacting the future cost of the justice delivery system. Through your judgments, you demonstrated a willingness to chart unknown waters and to reflect.”

Sibal said that CJI Chandrachud worked to address societal inequalities, many of which, he said, originate in state policies and permeate the judiciary. He added, “You judge the judge by how often he has moved towards perfection to defend life, to defend liberty, and to serve the cause of equality. Sir, that's the yardstick on which we will remember you.”

Sibal praised CJI Chandrachud's for his openness to public accountability and transparency. He noted that CJI Chandrachud was willing to engage with complex social issues and permit public criticism of the judiciary, observing, “You allowed people to criticize you. What can be braver than that?”

Sibal commended him as “a trailblazer in disability rights” and highlighted his contributions in this area, noting, “That's what he's done. Expanding equality by increasing diversity…You were the first Chief Justice to take on the battle. And you took it on with great…you were a staunch votary of 'nothing about us without us.' You want to talk about disability rights? Have us there to talk about them.”

Sibal also touched on CJI Chandrachud's contributions to expanding judicial access, saying that he had provided citizens with access to the courts and encouraged transparency in the judiciary's functioning. “You have actually given access to the millions of people in this country who want to watch what our judges are doing, how they are delivering justice. And then one day, whether it's good or for the bad, there's going to be a forensic audit. There will be because if you expose yourself, to telecasting then people are going to start criticizing you. But the fact of the matter is that you took on that challenge. You allow people to criticize you. What can be braver than that?,” Sibal said.

Turning to the challenges facing the judiciary, Sibal addressed the growing influence of technology and the role it will play in the future. He spoke about the implications of technological advancements on individual dignity and privacy. He recalled CJI Chandrachud's landmark ruling that declared privacy a fundamental right under Article 21 and noted his dissenting opinion on Aadhaar.

Sibal concluded his tribute with a poem dedicated to Justice Chandrachud, describing him as “a class apart” and someone who “set the bar, walk[ed] the talk, monitored outcomes like a hawk.”

Sibal concluded, “The journey of a lawyer, whether on the bench or at the bar, never ends. Your journey never ends because your contributions to the law and society will continue.”

Also Read - The Mixed Legacy Of CJI DY Chandrachud

My Shoulders Are Broad Enough To Accept All Criticism: CJI DY Chandrachud In Farewell Speech