CJI on Article 370 verdict: judges decide cases based on Constitution and law

Chief Justice DY Chandrachud has declined to escalate the controversy surrounding the Supreme Court’s unanimous verdict on the abrogation of Article 370, maintaining that judges decide cases based on the Constitution and the law.

During an exclusive interview with a news agency, the CJI candidly addressed the five-judge constitution bench’s decision not to legalise same-sex marriages, emphasising that a case’s outcome is never personal to a judge.

Acknowledging the strenuous battle fought by queer couples for their rights, the 50th Chief Justice of India reflected on the Supreme Court’s stance on October 17, which didn’t grant legal recognition to same-sex marriages but upheld equal rights and protections for queer individuals.

“When a case is decided, we, as judges, detach ourselves from the outcome. The verdicts are never personal for us as judges. I hold no regrets. I’ve been part of majorities and minorities in numerous cases. But the pivotal aspect of a judge’s life is to not align oneself with a cause. After delivering a verdict, I refrain from personal association,” he remarked.

Addressing criticism of the Supreme Court’s decision on Article 370, the CJI highlighted that judges express their stance through their judgment, which becomes public property post-pronouncement. In a free society, individuals are entitled to form their opinions on it.

He further commented, “Our decisions are guided by the Constitution and the law. It wouldn’t be suitable for me to either respond to criticism or defend the judgment. The reasoning present in the signed judgment reflects what we’ve stated, and I must leave it at that.”