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CJI Chandrachud on the True Meaning of Judicial Independence Before Retirement

Outgoing Chief Justice DY Chandrachud asserts that judicial independence means making impartial decisions, not simply ruling against the government, as he prepares to retire on November 10.

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On November 4, 2024, outgoing Chief Justice of India DY Chandrachud, addressing an audience in Delhi, emphasised that judicial independence does not necessarily mean ruling against the government. He urged the public to trust judges, stating that perceptions of independence are often skewed by outcomes. Chandrachud’s comments come as he prepares to retire on November 10, following a tenure marked by significant rulings, including the invalidation of the controversial electoral bonds scheme, which aimed to increase political funding transparency. His remarks highlight the evolving challenges faced by the judiciary amid increasing pressure from social media and interest groups.

Judicial Independence Redefined

Speaking at an event hosted by The Indian Express, CJI Chandrachud articulated that true judicial independence encompasses freedom from not only governmental influence but also from various pressure groups that seek to sway judicial decisions. He pointed out that judges are often labelled as independent only when their rulings align with public sentiment or specific interests. “If you do not decide in my favour, you are not independent,” he remarked, stressing the need for judges to make decisions based on their conscience and the law rather than external pressures. This perspective aims to reinforce public confidence in the judiciary’s impartiality and integrity.

Contextual Background

The Chief Justice’s statements come at a time when the judiciary is facing scrutiny over its independence and credibility. His tenure has been marked by landmark decisions, including the Supreme Court’s unanimous ruling against the electoral bonds scheme on February 15, 2024, which was deemed unconstitutional due to concerns about transparency in political funding. This ruling has significant implications for electoral integrity in India. Chandrachud acknowledged that societal changes and the rise of social media have introduced new dynamics, with various groups attempting to influence court outcomes. He reiterated that while it is crucial for judges to remain independent from governmental control, they must also resist pressures from interest groups seeking favourable rulings. Legal experts have praised his comments, noting that they reflect a growing concern about maintaining judicial integrity in a rapidly changing socio-political landscape.

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