New Delhi, Jan 19 : Former Chief Justice of India Justice D.Y. Chandrachud on Sunday offered candid reflections on law, democracy, and the justice system while speaking at the Jaipur Literature Festival, drawing from his years on the Bench and his experiences beyond the courtroom.
During the session, Chandrachud spoke about generational change, noting that while he belongs to the Baby Boomer generation, his two daughters are from Generation Z and have special needs. Staying connected with them, he said, requires understanding how younger generations think and function, highlighting the importance of empathy and adaptability in both personal and institutional life.
Referring to his recently released book, Chandrachud clarified that it is not a traditional legal treatise but a collection of speeches shaped by his judicial journey. The book, he said, reflects influences ranging from Indian and US Supreme Court judgments to philosophical ideas from thinkers such as John Stuart Mill and Immanuel Kant.
Recalling the landmark verdict decriminalising homosexuality, he shared that a line from poet-singer Leonard Cohen inspired his thinking, capturing both the fragility of democracy and the hope that sustains it. “Some judgments are straightforward, while others require sensitivity and a deeper flourish of thought,” he observed.
Addressing a question on the Umar Khalid case, Chandrachud stressed that he was speaking in his capacity as a citizen, not as a judge. He reiterated that the cornerstone of Indian criminal jurisprudence is the presumption of innocence and warned that pre-trial detention should never be treated as a form of punishment.
He questioned how the state could compensate individuals who spend five to seven years in jail as undertrials only to be acquitted later. Bail, he explained, can be denied only under specific circumstances—if the accused poses a serious threat to society, is likely to flee, or may tamper with evidence. “Otherwise, bail should be the rule,” he said.
Expressing concern over the use of national security laws, Chandrachud said courts must carefully assess whether detention is necessary and proportionate, cautioning that prolonged trials violate the fundamental right to a speedy trial guaranteed under Article 21 of the Constitution.
He also flagged a growing culture of fear within district courts and High Courts, where judges hesitate to grant bail due to fears of scrutiny and potential career consequences. This hesitation, he said, places an undue burden on higher courts, with the Supreme Court alone handling close to 70,000 cases annually.
On the issue of corruption, Chandrachud emphasised the importance of robust accountability mechanisms but warned against branding every unfavourable judicial decision as corrupt. Strengthening institutions, he concluded, remains the most effective path to ensuring justice and safeguarding democracy.