Justice D.Y. Chandrachud overrules father former CJI Y.V. Chandrachud again

Former Chief Justice of India Y.V. Chandrachud. File photo: PIB  

This is the second time Justice D.Y. Chandrachud has overturned the verdict of his father, former Chief Justice of India Y.V. Chandrachud.

Thirty-three years after his father upheld the validity of adultery law, Justice D.Y. Chandrachud ruled on Thursday that the earlier view cannot be regarded as “correct exposition” of the constitutional position.

In his historic judgment of August last year declaring privacy as a fundamental right, he had termed the 1976 verdict in the famous ADM Jabalpur case in which his father was part of the majority judgement by a five-judge constitution bench “seriously flawed.”

In the ADM Jabalpur case, the five-judge bench by a majority verdict of 4:1, had said Article 21 is the sole repository of all rights to life and personal liberty and when suspended takes away those rights altogether.

A different view

On Thursday, striking down section 497 of the IPC dealing with adultery, Justice D.Y. Chandrachud said the 1985 judgment dealt with the “constitutional challenge by approaching the discourse on the denial of equality in formal and rather narrow terms.”

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Printable version | Nov 24, 2021 4:25:06 AM |

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