CJI Chandrachud bids adieu: The bold verdict on abrogation of Article 370 that redefined his legacy

When Chief Justice of India (CJI) Dhananjaya Yeshwant Chandrachud retires on November 10, he will leave behind one of the most consequential legacies in the Supreme Courtâ€s history.There has never been a CJI as prolific as Chandrachud in terms of judicial output. He has written 92 judgments as CJI, more than his last 4 predecessors put together. To put things in perspective, the last CJI who served a similar 2-year term, SH Kapadia authored 27 judgments, less than a third of Chandrachud. “This is a testament to how incredibly hard-working Chandrachud has been as CJI,†wrote Anrghya Sengupta Research Director, Vidhi Centre for Legal Policy, for TOI.
Chandrachud played a pivotal role in several crucial Constitution Bench cases, including the landmark decision where he headed the bench that upheld the abrogation of Article 370.

The abrogation of article 370

The Supreme Court’s Constitution bench led by Chandrachud in December last year upheld the abrogation of Article 370 of the Constitution while announcing its judgment on a series of petitions challenging the abrogation of Article 370 and the division of Jammu and Kashmir into two Union territories.

Also Read: Chandrachud: The CJI who spoke his mind, bared his heart

The court refused to rule on the validity of the Presidential rule imposed in Jammu and Kashmir in December 2018. Chandrachud at that time noted, “Every decision taken by Union on behalf of State during Presidential rule not open to challenge…this will lead to the administration of the state to a standstill.”The SC also said that the reference to sovereignty remains absent in Jammu and Kashmirâ€s constitution. “We have held that Article 370 is a temporary provision,” the CJI had said.”Article 370 was an interim arrangement due to war conditions in the State. Textual reading also indicates that it is a temporary provision. Marginal note says it is temporary and transitory,” the CJI had stated.

Also Read: From Ayodhya to Article 370: CJI DY Chandrachud leaves behind a stellar legal legacy

Chandrachud had further said, “Supreme Court says Article 370 was meant for the constitutional integration of Jammu and Kashmir with the Union and it was not for disintegration, and the President can declare that Article 370 ceases to exist.”

Undeterred by criticism

The judgment invited significant criticism but the outgoing CJI chose not to amplify the controversy.

The decision was seen as “going against every canon of federalism that Chandrachud had held dear in his other judgments,†wrote Mr Sengupta.

In January this year, Chandrachud had succinctly remarked that judges base their decisions “according to the Constitution and the law”.

In a free society, individuals are entitled to form their opinions on the matter, he had said.

As per Mr. Sengupta, as a judge, Chandrachud operated at an incredibly high level of reasoning, logic and nuance. “Judges are often required to be like surgeons – making the finest of cuts to get the job done. Chandrachud was one of the finest of them all,†he opined.