NEW DELHI: Former Chief Justice of India DY Chandrachud on Tuesday addressed recent allegations from Shiv Sena (UBT)leader Sanjay Raut, who claimed that Chandrachud’s handling of petitions regarding disqualification of MLAs contributed to the Maha Vikas Aghadi‘s (MVA) defeat in the recent Maharashtra Assembly elections.
Speaking to ANI in an exclusive interview, Justice Chandrachud dismissed these allegations, emphasizing the Supreme Court’s focus on significant constitutional matters during his tenure. “Throughout this year, we were dealing with seminal constitutional cases, nine-judge bench decisions, seven-judge bench decisions, five-judge bench decisions. Should any one party or individual decide what case the Supreme Court should hear? Sorry, that choice is for the Chief Justice,” he said.
Sanjay Raut had alleged that by not ruling on disqualification petitions of defectors from the Shiv Sena, Justice Chandrachud “removed the fear of the law” among politicians, which led to the collapse of the MVA government and their subsequent electoral loss.
In the November 20 elections, Shiv Sena (UBT) won only 20 out of 94 seats it contested as part of the MVA alliance, with Congress securing 16 out of 101 seats and the NCP (Sharad Pawar) winning just 10 of 86. Raut accused the judiciary of delaying decisions, impacting their political fortunes, and declared that “history will not forgive them.”
Justice Chandrachud, however, defended the judiciary’s priorities. “Important constitutional cases are pending before the Supreme Court for 20 years. Why is the Supreme Court not taking up these 20-year-old cases and dealing with some recent cases? You have limited manpower and a given complement of judges, you have to draw the balance,” he said.
Further responding to Raut’s claim that the court delayed the Sena’s disqualification case, Chandrachud criticised the expectation that courts should align with political agendas. “The real problem is this, that a given segment of the polity feels that, well, you’re independent if you follow my agenda… We decided electoral bonds. Was that any less important?” he said, listing other cases handled during his tenure, including disability rights, the constitutional validity of Section 6A of the Citizenship Act, and significant judgments affecting federal structures and livelihoods.
Talking about the claims of his involvement in furthering specific political agenda, Chandrachud also reacted to Rahul Gandhi’s recent remark that the Opposition has taken on the judiciary’s role. The ex-CJI said, “People should not presume that the judiciary should be performing the role of the opposition in Parliament or the State legislatures. We are here to scrutinize laws.”
The former CJI went on to defend his social interactions with political leaders, describing such meetings as “elementary social courtesy” that does not compromise judicial independence. He called on critics to assess the judiciary’s work rather than dwell on social engagements.
Chandrachud also reflected on the broader challenges of his role, particularly pressure from well-resourced litigants. “Very highly resourced persons come to the court and try to suborn the system by saying, well, my case should be heard first. Sorry, we are not going to give that priority,” he asserted, adding that the judiciary must resist such influences to remain impartial.
He also dismissed suggestions of political pressure on the judiciary, referencing cases like Article 370, Ayodhya, and Sabarimala, where decisions were made without external interference. “If there was pressure, why did the Supreme Court wait to take such a decision on that case?” he questioned, reiterating the judiciary’s independence.
However, Justice Chandrachud highlighted systemic issues within the judiciary, calling for increased investment in infrastructure and an All-India Judicial Service Examination to address the 21% vacancy rate in district courts. He did note the Supreme Court’s aim to address cases involving marginalized communities, citing over 21,000 bail applications resolved during his tenure.
Justice Chandrachud retired on November 10 after a two-year tenure as Chief Justice of India, leaving behind a legacy marked by significant constitutional rulings and steadfast defense of judicial independence.