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Former Chief Justice of India, DY Chandrachud, has defended the Supreme Court's ruling on the revocation of Article 370, stating that its inclusion in the Constitution was always intended as a transitional measure.  

In an interview with journalist Stephen Sackur on BBC’s Hard Talk, Justice (Retd) Chandrachud addressed criticism of the court’s decision to uphold the Centre’s move to abrogate Jammu and Kashmir’s special status. He said that Article 370 was initially part of a chapter titled "Transitional Arrangements", later renamed "Temporary and Transitional Arrangements", underscoring that it was never meant to be permanent.   "The assumption at the time of the Constitution’s adoption was that transitional provisions would eventually integrate with the broader constitutional framework. Is over 75 years too short a time to phase out a transitional provision?" he asked.  
Justice (Retd) Chandrachud also highlighted the importance of restoring democracy in Jammu and Kashmir, noting that an elected government is now in place.  
"A peaceful transition of power has occurred to a government led by a political party different from the ruling party at the Centre. This demonstrates that democracy is functioning in Jammu and Kashmir," he said.  On the issue of Jammu and Kashmir’s statehood, which remains unresolved despite the formation of a new government, he acknowledged the demand for full statehood, a key electoral promise of Chief Minister Omar Abdullah’s administration.  
Responding to criticism that the Supreme Court failed in its constitutional role, Justice (Retd) Chandrachud rejected the claim. "The court has ensured democratic accountability, and a people's government is now in place. The assertion that we did not uphold our constitutional mandate is incorrect," he stated.  
DY Chandrachud on judiciary & representation  
The former Chief Justice also addressed concerns about diversity in the Indian judiciary, particularly regarding gender and caste representation. He asserted that the judiciary is evolving, with increasing female participation.  
"If you look at the district judiciary, which forms the base of the judicial system, over 50 per cent of new recruits in many states are women, with figures reaching as high as 60 or 70 per cent in some regions," he noted.  
Explaining the higher judiciary’s composition, he said it reflects the legal profession as it stood a decade ago. "With greater access to legal education, particularly for women, the gender balance in law schools is now translating into increased female representation in the judiciary," he added.   Addressing suggestions of judicial dynasties, he recalled that his father, former Chief Justice YV Chandrachud, had discouraged him from entering a courtroom while he was in office. "That’s why I spent three years at Harvard Law School. I only entered a court after my father retired," he said, adding that most lawyers and judges in India are first-generation legal professionals.  
DY Chandrachud on political pressure  
Justice (Retd) Chandrachud was also asked about allegations of political pressure on the judiciary, including claims that the ruling BJP has influenced court decisions. He dismissed the notion, pointing to the results of the 2024 general elections as evidence of India’s multiparty democracy.  
"Regional parties continue to thrive across various states, demonstrating the strength of India’s federal structure," he said.  
On Rahul Gandhi’s defamation conviction, he noted that the Supreme Court had later suspended the ruling. He cited multiple cases in which political figures were granted bail as proof that the judiciary remains committed to protecting personal liberties.   
"The Supreme Court has consistently upheld individual freedoms. While opinions may differ on specific cases, the judiciary’s track record speaks for itself," he said.  

 

Publish Time: 13 February 2025
TP News

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