Read Time: 17 minutes

As a humble tribute to Justice Y.V. Chandrachud, Former Chief Justice of India on his 101st Birthday, Shikshana Prasaraka Mandali in association with LawBeat organised a live programme on July 17, 2021.

First appointed Judge to the Supreme Court of India and the longest-serving Chief Justice in India's history, Justice Yeshwant Vishnu Chandrachud, a true jurist, was known to be a liberal judge and for his path breaking judgments. 

Justice Y. V. Chandrachud was also known from the name “Iron hands” which was given to him considering his unwilling attitude to let anything slip past him.

The event was attended by Honourable Justice D.Y. Chandrachud, Judge, Supreme Court of India (son of late Justice Y.V. Chandrachud). Honourable Mr. Justice U.U. Lalit, Judge, Supreme Court of India had also given his kind consent to preside over the programme. 

Ashutosh Kumbhakoni (Advocate General of Maharashtra), Advocate Nitin Thakkar (President, Bombay Bar Association), Senior Advocates Shri Sadanand Phadke and Shri S.K. Jain also graced the occasion.

The event commenced with a Short video commemorating Justice YV Chandrachud.  

Senior Advocate Shri Sadanand Phadke started his address by delving into the memories of Justice YV Chandrachud. In his address Senior Advocate Phadke said Justice YV Chandrachud was a very simple man who preferred to live like a common man. 

“When he left for heavenly abode, his motto was यतो धर्मः ततो जयः (where there is truth, there is victory),” Senior Advocate Phadke added.

Honourable Justice D.Y. Chandrachud, Judge, Supreme Court of India (son of late Justice Y.V. Chandrachud) remembering his father and thanking Shikshan Prasak Mandali for organising the event started his address to speak on the topic, "Students as the Constitution's Vanguard".

Delighted about the fact that Justice UU Lalit agreed to speak at this occasion today, Justice DY Chandrachud said that Justice Lalit was a junior at his father's chamber.

Quoting Socrates, Justice DY Chandrachud said that collaborating with educational institutions and studying the Constitution of India were very important to his father.

Before beginning his address about the Constitution, Justice DY Chandrachud paid homage to Dr BR Ambedkar and his first struggle to gain access to his own education. 

“Foremost memories of his schooling were of humiliation & segregation. Stories of Dr. BR Ambedkar & Savitribhai Phule thrust upon the importance of education,” said Justice DY Chandrachud.

Emphasising on the ability of education to not accept the way things have been, Justice DY Chandrachud said that,

“My school years were the most important years of my life. These formative years are the best years to develop curiosity.”

He also delved into the Emergency of 1975 and how speech was muzzled under the garb of internal disturbances and emphasised on the need for education to stand up to Constitutional rights.

“The Constitution also undertook to rid our society of communal violence, caste etc. apart from freeing us. Civil and political liberties and fundamental freedoms to speech and expression are available to all citizens, some even to non-citizens,” he further said.

In his address Justice DY Chandrachud focused on the importance of recognising the Constitution as a North Star and said that,

“This year is the 71st year of our Constitutional Republic. It is important to recognise that the Constitution is a North Star in light of which every state action or inaction is to be looked at. The Indian State had to task itself with modernising economic relations. Each & every one of us unwittingly engages with the Constitution in our lives. Everyone exerts their rights in everyday life. The lives we live today were not a reality 75 years ago. The aspiration of the Constitution to bring about social change will always continue.”

“Technology has altered our landscape. If not for technology, I won't be able to address you all in the safety of our homes. We must understand that our democratic institutions must adapt to the Technological advancements,” said Justice DY Chandrachud, further adding that his decision to recognise Right to Privacy in light of the Fundamental Rights envisaged in the Constitution was to imbibe the changing times. 

Focusing on the fact that the pandemic requires collective and global action, Justice DY Chandrachud said,“Constitutional provisions seek to protect individuals from hegemonic power structures, regardless of where they come from. The Constitution could not predict the interface of technology or globalisation. The idea of liberty for many powerful corporations may not fall upon people, including the marginalised but that lens is important to be created.”

With an attempt to motivate students to effectuate Big Change Justice DY Chandrachud cited Greta Thunberg.

“Greta Thunberg began her journey as a lone 15 years old outside the Swedish parliament. Her example shows us that nobody is too young to effectuate Big Change. You are never too old to be the change either,” Justice DY Chandrachud said.

Justice Chandrachud concluded his speech quoting Martha Nussbaum,

“It would be catastrophic to become a nation of technically skilled people who have lost the ability to think critically, to examine themselves, and to respect the humanity and diversity of others.”

Honourable Mr. Justice U.U. Lalit, Judge, Supreme Court of India started his address by reflecting back on his earlier days when he was still a student and he had attended a hearing in Supreme Court and Justice YV Chandrachud was holding Court.

“I was enamoured by him. As luck would have it, I had my first case before him," he added.

Justice Lalit, in his address, cited certain cases of which were authored by Justice YV Chandrachud. 

On "In re Special Court", Justice Lalit discussed the suggestion placed by late Senior Advocate Ram Jethmalani and reply of Justice YV Chandrachud. 

He said that, “When Ram Jethmalani tabled a bill that special courts be constituted during Emergency - President of India sought opinion of SC on this. The suggestion which was given by Jethmalani was that judges who had retired could man the special courts.”

“In his reply, Justice YV Chandrachud said, We have nothing against retired judges but as a principle, we would not like to have them man special courts. Because their term could be determined by the executive, which would be detrimental to our constitutional ethos.", Justice UU Lalit added.

“Justice Chandrachud's cases have become like LightHouses,” said Justice Lalit on Olga Tellis Case.

“Some of the observations by Justice YV Chandrachud are that the Fundamental Rights and Directive Principle of State Policies  must be understood cohesively,” said Justice UU Lalit on the Minerva Mills case. 

“Justice YV Chandrachud's observation on Sankalchand Sheth judgment on "Consultations" is very important. Because it laid the foundations for the cases which were to follow,” said Justice UU Lalit on Union Of India vs Sankal Chand Himatlal Sheth.

“Justice YV Chandrachud on Hindu Law in the Magdum case deals with aspects of "Notional Partition" which continues to this day,” said Justice Lalit on Gurupad Khandappa Magdum vs Hirabai Khandappa Magdum And Ors.

“Even in muslim law, Justice YV Chandrachud had said that Section 125 (maintenance) under CRPC supersedes religious law in light of moral duty of a man to take care of his wife and children,” said Justice Lalit on Mohd Ahmad Khan v. Shah Bano Begum.

In his address, Justice UU Lalit reflected on Mithu v. State of Punjab, a judgment which was written by Justice YV Chandrachud which stipulated the discretion of the Court to check whether death sentence is warranted or not.

"The man had not just legal training but also tremendous insight into social problems, problems faced by downtrodden in society who are subject matters of Excesses," said Justice UU Lalit while concluding his address.

The event concluded with a vote of thanks to thank the Hon’ble speakers for gracing the event.

Watch event here: 101st Birth Anniversary Celebration of Hon'ble Justice Y.V.Chandrachud

Also Read: "I was enamoured by him, as luck would have it, I argued my first case in Supreme Court before him": Justice UU Lalit on Justice YV Chandrachud's 101st birth anniversary

Also Read: ‘THE IRON HANDS’: Remembering Justice Y. V. Chandrachud and his unwillingness to let anything slip past him