వై.వి. చంద్రచూడ్: కూర్పుల మధ్య తేడాలు

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| birth_date = {{Birth date|df=yes|1920|07|12}}

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Justice Chandrachud was appointed Chief Justice of India during the term of the Janata government, under Prime Minister [[Morarji Desai]]. During his tenure as Chief Justice, he sent Sanjay Gandhi to jail in the "[[Kissa Kursi Ka]]" case. When Indira Gandhi's Congress government came back to power a few years later, Chandrachud became a strong opponent of the government, and was known for staunchly defending the independence of the judiciary. As a Canadian scholar, Bhagwan D. Dua wrote later on:

 

For this reason, he was not given any government post or office after retirement, as the Congress government wanted to "punish" him for standing up to them during his tenure as Chief Justice of India.

 

In one of the most notable cases in Indian constitutional history, during the [[Indian Emergency (1975-1977)]] of [[Indira Gandhi]], a bench constituted of the five most senior judges of the [[Supreme court of India]] heard the famous [[Habeas Corpus]] case ([http://www.pucl.org/reports/National/2001/habeascorpus.htm A.D.M. Jabalpur vs. Shukla]), where detenues under the restrictive [[Maintenance of Internal Security Act]] had argued that the Right to Life and Liberty (article 21 in the [[Indian constitution]]) could not be suspended even during periods of national emergency. The Indian constitution during that time itself provided that all fundamental rights, including the right to life under article 21 of the constitution, could be suspended during an Emergency. The Habeas Corpus majority decision therefore deferred to the original intent of the framers of India's constitution. However, the Indira Gandhi government flagrantly misused their powers during the Emergency, and as a result, the doctrine of "original intent" has never taken a firm hold in India.

 

Both Justices Chandrachud and Bhagwati did much to subsequently atone for their majority opinions in the habeas corpus case.

 

{{main|Minerva Mills v. Union of India}}

In the ''Minerva Mills'' case, the Supreme Court provided key clarifications on the interpretation of the basic structure doctrine. The court unanimously ruled that the power of the Parliament of India to amend the constitution is limited by the constitution. Hence the parliament cannot exercise this limited power to grant itself an unlimited power. In addition, a majority of the court also held that the parliament's power to amend is not a power to destroy. Hence the parliament cannot emasculate the fundamental rights of individuals, including the right to liberty and equality.

 

In the [[Shah Bano case]], the bench headed by Chief Justice Chandrachud took a secular stand. It invoked a provision in The Criminal Procedure Code, 1973 which is a secular legislation to order maintenance compensation to the divorced Muslim woman.

 

This case caused the [[Rajiv Gandhi]] government, with its absolute majority, to pass the [[The Muslim Women (Protection of Rights on Divorce) Act 1986|Muslim Women (Protection of Rights on Divorce) Act, 1986]] which diluted the secular judgment of the Supreme Court.

 

[[Olga Tellis and ors Vs. Bombay Municipal Corporation and ors]] is another landmark case decided by him.

 

Chandrachud was educated at [[Nutan Marathi Vidyalaya]] high school, [[Elphinstone College]] and the ILS Law College in Pune.<ref>[http://sify.com/news/fullstory.php?id=14715686 "Former CJI Chandrachud dead"], Sify News, 4 July 2008.</ref>

Justice Y.V. Chandrachud died on 14 July 2008 shortly after he was admitted to the Bombay Hospital. He is survived by his wife Prabha, his son [[Dhananjaya Y. Chandrachud]], current judge of [[Supreme Court of India]] and in line to become [[Chief Justice of India]] himself in 2022 <ref>[http://timesofindia.indiatimes.com/india/To-tread-in-dads-steps-is-hugely-satisfying-Justice-Y-Chandrachud/articleshow/52249366.cms "To tread in dad's steps is hugely satisfying: Justice DY Chandrachud"], Times Of India, 13 May 2016 </ref> and his daughter Nirmala.

 

{{reflist}}

 

* [http://supremecourtofindia.nic.in/ Official Supreme Court of India Website]

* [http://www.supremecourtofindia.nic.in/judges/bio/yvchandrachud.htm Y. V. Chandrachud's Official Supreme Court of India Biography]

 

 

 

[[Category:1920 births]]

[[Category:2008 deaths]]