When the next Chief Justice DY Chandrachud overturned 2 decisions of his father

 When the next Chief Justice DY Chandrachud overturned 2 decisions of his father

Justice DY Chandrachud overturned his father's decisions twice in a distinguished career.

New Delhi:

Justice DY Chandrachud is set to become the first Chief Justice of India whose father - YV Chandrachud - was also one. He will succeed Justice UU Lalit, who is retiring on November 8.

Justice DY Chandrachud overturned his father's decisions twice in a distinguished career.

In 2017, while affirming that the right to privacy is a fundamental right, Justice DY Chandrachud, as part of a nine-judge bench, struck down a controversial order supporting the 1975 Emergency.

His father, Justice YV Chandrachud, upheld the President's order imposing an emergency, a period during which the Indira Gandhi-led Congress government severely restricted democratic rights, imprisoned many opposition leaders and criticized the media. Tighten the screw

Justice Chandrachud was one of the four judges in a senior five-judge bench that ruled in 1976 that fundamental rights can be suspended during the Emergency and people cannot approach the courts to protect their rights. The only dissatisfied judge was Justice HR Khanna, who said: "What is at stake is the rule of law... the question is whether the law speaking through the authority of the Court will be completely silenced and mute." .."

After 41 years, Justice DY Chandrachud called the order "seriously flawed" and praised Justice Khanna. "The view of Justice Khanna should be accepted, and accepted in respect for the strength of his views and the courage of his conviction," he said.

The second case in which Justice DY Chandrachud differed with his father was on adultery law.

In 2018, Justice DY Chandrachud was part of the bench that unanimously struck down the law that treats adultery as an offense committed by one person against another. With that order, adultery is no longer a crime, only grounds for divorce.

In 1985, Justice YV Chandrachud upheld the adultery law as constitutionally valid. The law - section 497 - said: "Whoever has sex with any person whom he knows or has reason to have the wife of any other man, without the consent or connivance of that person, such Sexual intercourse does not amount to the offense of rape, is guilty of the offense of adultery."

Justice YV Chandrachud wrote: "It is generally accepted that it is the man not the woman. The position may have changed somewhat over the years but it is for the legislature to consider whether to amend Section 497 appropriately. Should be done or not. To note the change in the society."

Decades later, his son observed that the decision should be "relevant" to the times.

According to him, Section 497 "maintains the subordinate nature of woman in marriage".

"Often, adultery occurs when the marriage has already broken down and the couple is living separately. If either of them has sex with another person, should he be punished under section 497? " Justice DY Chandrachud said.