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Equivocations of DY Chandrachud

Source: caravanmagazine.in

TL;DR

The Caravan profiles former Chief Justice DY Chandrachud's tenure as marked by equivocations that undermined judicial independence.
Judgments critiqued past wrongs but often favoured the Modi government in cases like Ram Janmabhoomi, Article 370, and electoral bonds.
His legacy shows performative commitment to ideals without holding executive power accountable.[[1]](https://caravanmagazine.in/law/equivocations-of-chandrachud)

The story at a glance

The Caravan's long-form article by Saurav Das examines DY Chandrachud's time as Chief Justice of India from November 2022 to November 2024, contrasting his early emphasis on separation of powers with later actions seen as compromising it. Key figures include Chandrachud, senior advocates like Dushyant Dave, and judges from his Allahabad High Court days. The piece comes as Chandrachud retires, prompting reflection on his legacy amid debates over the judiciary's role under the Modi government. It draws on his 2016 high court event avoiding politicians to highlight perceived shifts.[[1]](https://caravanmagazine.in/law/equivocations-of-chandrachud)

Key points

In 2016, as Allahabad High Court chief, Chandrachud limited political invitations to its 150th anniversary event, calling it a stand for judicial independence and separation of powers.[[1]](https://caravanmagazine.in/law/equivocations-of-chandrachud)
His Supreme Court judgments often started with critiques of historical injustices but ended by aligning with government positions, such as the unauthored Ram Janmabhoomi verdict allowing a temple on the demolished Babri Masjid site.
The court under Chandrachud upheld Article 370's abrogation, demonetisation, and strict anti-terror laws, retreating on federalism and democratic norms according to critics.[[2]](https://www.facebook.com/TheCaravanMagazine/posts/archives-chandrachud-is-suffering-from-delusions-of-grandeur-dushyant-dave-said-/818909993973185)
In electoral bonds case, his bench struck down the scheme but the order left implementation ambiguous, delaying full disclosure.
Rulings on Maharashtra political crisis and Delhi services favoured executive despite initial findings of arbitrariness by governors and speakers.
Senior advocate Dushyant Dave called Chandrachud's tenure "two steps forward, four steps backward, six steps sideways," citing gestures like Ganesh Puja with PM Modi.[[3]](https://www.facebook.com/PrashantBhushanOfficial/posts/retweeted-saurav-das-sauravdassssstoryalert-the-much-awaited-profileperformative/1340502840779912)

Details and context

The article opens with Chandrachud's 2016 handling of the Allahabad High Court's sesquicentennial, where he excluded the chief minister and prime minister but allowed the president, seeing it as upholding separation of powers—a principle later questioned in his CJI role.[[1]](https://caravanmagazine.in/law/equivocations-of-chandrachud)

Chandrachud authored 612 judgments at the Supreme Court and 90 as CJI, advancing privacy, gender equality, and federalism in some areas like GST and mineral taxation. Yet in politically charged cases, benches he led avoided confrontation: refusing to restore Maharashtra's chief minister despite arbitrariness findings, empowering Delhi's lieutenant governor, and upholding Article 370's end despite challenges to process under President's Rule.

Critics note a pattern of "performative justice"—eloquent ideals unmet by outcomes holding power accountable, amid gestures like public Hindu rituals interpreted as signalling to those in authority.

Key quotes

“It begins in a certain manner, talking of great ideals, but by the time you reach the conclusion, it becomes entirely different.”[[4]](https://www.facebook.com/TheCaravanMagazine/posts/archives-dy-chandrachuds-judgments-were-often-crafted-to-critique-historical-or-/808054881725363)

—Senior advocate at the Supreme Court

“Chandrachud is suffering from delusions of grandeur ... he knew exactly what he was doing [with Ganesh Puja with Modi and Ram Janmabhoomi god comment].”[[2]](https://www.facebook.com/TheCaravanMagazine/posts/archives-chandrachud-is-suffering-from-delusions-of-grandeur-dushyant-dave-said-/818909993973185)

—Dushyant Dave, senior advocate

Why it matters

The stakes involve the Supreme Court's role as a check on executive overreach in India's democracy, especially amid concerns over majoritarianism and federal erosion. For citizens and opposition governments, it signals weaker judicial protection in political disputes like state control or constitutional changes. Watch CJI Sanjiv Khanna's bench handling pending cases on electoral reforms or state powers, though outcomes remain uncertain given collegium and executive tensions.[[1]](https://caravanmagazine.in/law/equivocations-of-chandrachud)