Article: What is dissent for democracy, CJI told

Author: Rajesh Chaudhary
The two-year tenure of Supreme Court Chief Justice DY Chandrachud ended on November 10. In his/her farewell program, Supreme Court Bar Association President Kapil Sibal said an important thing that during his/her tenure, Chief Justice Chandrachud considered very complex issues and gave decisions on them. Just a few days before his/her retirement, Justice Chandrachud had said that he/she was worried about how people would remember his/her tenure. In such a situation, it would be good to take a cursory look at his/her important decisions given as a judge and Chief Justice of the Supreme Court.

tax on mines
On July 25, 2024, a bench of 9 judges led by the Chief Justice of the Supreme Court said that under the Constitution, states have the legislative power to impose tax on mines and mineral-rich lands.

subcategory in reservation
The Supreme Court had said in an important decision that the state government can provide the benefit of reservation by creating sub-categories within the Scheduled Castes and Tribes. The bench led by CJI Chandrachud, in a 6:1 majority verdict, had said that states have the powers to make sub-categorization into Scheduled Castes, Scheduled Tribes for reservation.

Article 370
In another important case, the bench of Chief Justice Chandrachud validated the President’s decision to revoke the special status of Jammu and Kashmir. The Supreme Court said that Article 370 was temporary.

electoral bond
In a historic decision on February 15, a five-judge constitutional bench led by him/her rejected the electoral bond scheme for donations to political parties. Terming it unconstitutional, the Supreme Court asked the Election Commission to make public all the details related to encashment of electoral bonds by political parties.

review of father’s decision
On August 24, 2017, a constitutional bench of 9 judges of the Supreme Court termed as wrong the decision of a 5-member Supreme Court bench in 1976 which suspended Article 21 (life and personal liberty) during the Emergency. May go. Interestingly, in that bench of five judges in 1976, Justice YV Chandrachud, father of Justice DY Chandrachud, was also included. Justice DY Chandrachud was also in the nine-judge bench that reviewed that decision.

emphasis on disagreement
On September 28, 2018, Justice Chandrachud had said that dissent is the hallmark of vibrant democracy. In the matter related to the arrest of five human rights activists in the Bhima Koregaon violence case, he/she had made a very strict comment and said that dissent is the safety valve of democracy and if you do not allow it, the pressure valve will burst.

Decision on Ayodhya dispute
On 9 November 2019, the Supreme Court gave its verdict in the Ayodhya case. The Supreme Court had said that Ram temple will be built only on the disputed land of 2.77 acres. The court had ordered the Center to form a trust within three months for the construction of the temple at that place and also prepare a plan to hand over the disputed land to this trust. This decision was given by a constitutional bench of five judges and Justice Chandrachud was also a part of this bench.

Sabarimala controversy
The Supreme Court on 28 September 2018 allowed the entry of women of all ages into the Sabarimala temple in Kerala. Terming the ban on women’s entry into the temple as a discriminatory practice on the basis of gender, the court had said that it is a violation of the fundamental rights of Hindu women.

adultery law
On September 27, 2018, the adultery law was rejected by the Supreme Court, terming it unconstitutional. The Supreme Court had said that adultery law makes a woman a slave of her husband and his/her property. Justice Chandrachud was part of this decision.

Homosexuality is not a crime
On November 6, 2018, the Supreme Court had said that consensual homosexual relations between adults will not be a crime. The Supreme Court declared this provision unconstitutional and called it a violation of the right to equality and life. Justice Chandrachud was part of the bench.

against child pornography
On September 23, 2024, a bench led by Chief Justice Chandrachud said that both downloading and watching child pornography is an offense under POCSO (Protection of Children from Sexual Offenses Act). The Supreme Court had suggested the Parliament to use the term Child Sexually Abusive and Exploitative Material (CSEAM) in the law instead of the term child pornography.

memorable steps
Many important administrative decisions taken during the tenure of Justice Chandrachud are also worth noting. he/she took many steps like stopping the use of stereotypical terminology against women, live streaming of court proceedings, removing the blindfold from the goddess of justice. When history looks at his/her tenure, it will definitely remember his/her decisions with far-reaching impact because not only was justice done on many complex and constitutional issues, but justice also appeared to be done.