Former CJI D.Y. Chandrachud asserts judicial independence, backs All-India judge appointments, and discusses J&K’s statehood restoration
Bhubaneswar: Former Chief Justice of India (CJI) Dhananjaya Yeshwant Chandrachud on Wednesday asserted that there is no political pressure on the Indian judiciary and that courts function with complete independence.
Speaking at ‘Foresight,’ an annual brainstorming session organised by leading Odia news channel OTV, the former CJI stated, "There is absolutely no political pressure on the Indian judiciary, and the courts are functioning with complete autonomy."
He cited several Supreme Court judgments, including the electoral bonds case, that ruled against the government as evidence of judicial independence. "This is a clear example that judges decide cases independently, guided by their conscience and constitutional principles," he added.
Justice Chandrachud advocated for an All-India entrance system for the appointment of judges, similar to the Indian Administrative Services (IAS). He also emphasized the need for enhanced judicial infrastructure and greater representation of women in the judiciary.
On another topic, he highlighted that the live-streaming of court proceedings has fostered a sense of accountability among judges.
Jammu & Kashmir's Statehood
Addressing a query on the abrogation of Article 370, Justice Chandrachud noted that some people initially believed Jammu and Kashmir’s statehood had been taken away permanently. However, during the Supreme Court's hearing on the matter, it was established that statehood would be restored at an appropriate time.
“During the hearing, we asked the Solicitor General and the Attorney General whether the Union Territory status of Jammu & Kashmir and Ladakh was permanent or temporary. If temporary, how long would it remain so, and when would statehood be restored? The Solicitor General sought time to consult at the highest level, and after two days, he gave an unconditional undertaking to the Supreme Court that the Government of India is committed to restoring statehood at an appropriate time,” he explained.
Justice Chandrachud further stated that constitutional governance cannot function on the basis of mistrust. “In politics, decisions may be driven by trust or mistrust. However, in the constitutional sphere, when the highest level of government gives a solemn commitment to the Supreme Court, we accept that statement in good faith.”
He urged people to recognise that Jammu and Kashmir’s situation is distinct from other states. “If we are truly committed to national unity and integrity, we must understand the unique circumstances of Jammu and Kashmir. The Supreme Court accepted the Government of India’s unconditional undertaking to restore statehood, and we have no reason to doubt it,” he concluded.
