In November of this year, Justice Chandrachud will begin a two-year term as Chief Justice of India.
At a London event on Monday, Supreme Court judge Justice DY Chandrachud, who will take over as Chief Justice of India in November for a two-year term, noted a growing tendency in the nation where courts are utilized as the only line of defense to address challenging societal and policy-based concerns.
These statements were given by Justice Chandrachud during a lecture on the subject of “Protecting human rights and maintaining civil liberties: The function of courts in a democracy” at King’s College in London.
“The country’s increasing litigious trend is a sign of the lack of patience in political dialogue. This outcome is a slippery slope because it eliminates the necessity for ongoing interaction with the legislative and executive branches and makes courts the sole organ of the state for the achievement of rights,” said Justice Chandrachud. Although the Supreme Court must defend individuals’ fundamental rights, he continued, “it must not go beyond its mandate by making decisions on matters needing the participation of elected officials.”
“Doing so would not only be a deviation from the court’s constitutional role, but it would also not serve a democratic society,” he said. “A democratic society, at its core, must resolve issues through public deliberation, discourse, and the engagement of citizens with their representatives and the constitution.”
He also covered a number of Supreme Court rulings that were important in defending citizens’ fundamental rights in his speech. He discussed diverse assessments of LGBTQ rights and gender rights. “In the courts, the struggles of the LGBTQ community have a voice. Since the dawn of time, members of the LGBTQ community have existed, prospered, endured, and loved,” he said.
“Many have been compelled to live their lives hidden from the “straight” culture due to stigma and prejudice. Then, as a group, they rebelled against the heteronormative system and built their own communities. When the labels society gave them failed to capture the variety they had to offer the world, they developed their own language of “being” Justice Chandrachud explained. He continued, “LGBTQ liberation organizations are gaining traction today in India and have accomplished several legislative milestones.”
When asked about the Supreme Court’s tardiness in taking up the Uttar Pradesh bulldozer demolitions case, he said, “Priority was given to the subject by the vacation bench. The initial step was the issuance of a notice. The topic was discussed even while on vacation.”
When questioned about other topics like the hijab and Article 370, he responded that it would not be appropriate to comment because the cases are still pending in court.
Demolitions must only be done in line with the law and not as a form of retaliation, according to a recent ruling by a bench comprising Justices AS Bopanna and Vikram Nath.
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