It was on July 12, 2024, we had the 104th Birth Anniversary of Justice Y.V.Chandrachud. He was born on July 12, 1920. He lost his mother when he was very young. He was brought up by his uncle, N.B.Chandrachud, a leading lawyer of Poona. Yeshwant was a brilliant student. He had a distinguished academic career. A man of letters. Widely read. Highly cultured. Truly, a cultivated man. He had done his varied reading before completing high school. He did his BA degree in History and Economics. He did Law from ILS Law College, Pune. He got first class first. Many prizes and scholarships. He joined the chamber of Motilal Setalvad for some time. He joined the appellate side of the Bombay High Court. A product of the appellate side.
Y.V.Chandrachud had joined the Bar in 1943. Nani Palkhiwala in 1944. Chief Justice M.C.Chagla selected both of them for part-time teaching in law college. They taught from 1949 till 1952. Some of their students need special mention – Fali Nariman, Soli Sorabjee, Ashok Desai and Anil Diwan. Each one of them has made a rich contribution. Both were very popular teachers. Chandrachud was more. Because his lectures could be followed even by the average student. He also made his lectures more interesting and absorbing. With anecdotes and examples. The students never missed their classes. Both of them used to share a horse-drawn ‘baggi’ to commute to the law college. They could not afford the luxury of a taxi. It seems that those who are good teachers of law excel in the legal profession.
As a young lawyer, it was a delight to watch Chandrachud handling a large number of briefs so effortlessly. He was appointed Govt. Pleader in 1958. He was the second law officer of the govt. Next only to the Advocate General – Seervai. He was equally good both on civil and criminal sides. Chandrachud argued an Election Appeal for 20 days. The court was against him. However, he did not give up. It was on the 21st day, the position changed. He succeeded. He had a grip over the fundamentals. The Nanavati Trial was a sensational trial. This case was tried by the Sessions Court, Bombay. The trial was with the help of the jury. The trial attracted a lot of publicity. The jury gave the verdict : not guilty. The trial judge disagreed. Therefore, the case was referred to the High Court. A.S.R. Chari, the leader of the criminal Bar made powerful arguments on behalf of Nanavati. The Prosecution was led by Chandrachud. The atmosphere was charged. There was a powerful lobby favoring Nanavati. Chandrachud was brilliant. He demonstrated exceptional ability. Also unimpeachable integrity. The High Court quashed the verdict of the jury as perverse. The performance of Chandrachud was outstanding; it is said to be the best ever in the Bombay High Court. The Trial was an intellectual treat. A rare feast.
It was on March 19, 1961, Y.V.Chandrachud was elevated as a Judge of Bombay High Court. This was the beginning of glorious judicial innings. He was elevated to the Supreme Court on August 28, 1972. He became the Paterfamilias of Indian Judiciary on February 22, 1978. He retired on July 11, 1985. Thus, he had the longest innings as Chief Justice of India. A judge for more than 24 years.
He had a long innings for more than 13 years in the apex court. Justice Chandrachud was the youngest member of the largest bench (13 judges) which heard Keshvananda Bharti (1973). Chandrachud was with the minority of 6 judges. He was also the most junior member of the bench which heard the Prime Minister’s election case (1975). Chandrachud observed : The law declared by the majority 7:6 in the Fundamental Rights case must, therefore, be accepted by us, dutifully and without reserve, as good law. He further captured the essence of Basic Structure in Minerva Mills (1980) saying : “Amend as you may even the solemn document which the founding fathers committed to your care, for you know best the needs of your generation. But the Constitution is a precious heritage; therefore you cannot destroy its identity.” Minerva Mills (1980) and Waman Rao (1981) harmonized the fundamental rights and directive principles. He added : “To destroy the guarantees in Part III in order purportedly to achieve the goals of Part IV is plainly to subvert the Constitution by destroying its basic structure.”
Justice Chandrachud’s court-room was an Academy. An education. No tension. The juniors always felt comfortable. They could give their very best. He was a great common law judge. He admitted : “The awareness that we are the last court gives us sleepless nights.” How true ! This fact weighed heavy while dictating the judgments. He was great as a judge. His grace. His modesty and true warmth were part integral of his personality. Chief Justice Chandrachud would hold the hands of his companion judges. Thank them for sitting with him on the Bench. Every day. Justice Chandrachud was the master judicial craftsman in the English speaking world. His judgments were gems. Of clarity and elegance. Of profundity of thought and expression. Some samples : (i) In Olga Tellis (1985), Justice Chnadrachud recorded : Human compassion must soften the rough edges of justice in all situations. (ii) In Sher Singh (1983), he said : Article 21 stands like a sentinel over human misery, degradation and oppression. Its voice is the voice of justice and fair play. That voice can never be silenced. (iii) Rudal Shah (1983) languished in jail for 14 years after his acquittal. A PIL was filed. It was found that it was a clear violation of Article 21. Justice Chandrachud for the first time granted compensation for violation of Article 21. This was only an interim measure. He was not precluded from bringing a lawsuit against the state for damages for unlawful long detention. (iv) It is often said that the Constituent Assembly for framing the constitution was not an elected body. In A.K.Roy (1982), Justice Chandrachud explained : Our constituent assembly was composed of famous men who had variegated experience of life. They were not elected by the people to frame the constitution but that was their strength, not their weakness. They were neither bound by a popular mandate nor bridled by a party whip.
Justice Chandrachud and Justice Bhagwati are the two greatest judicial minds. They would remain so. In spite of certain provocations on the part of Justice Bhagwati, Justice Chandrachud held the constitutional torch so firmly. He managed to hold the court together. This was judicial statesmanship on the part of Justice Chandrachud. A salute to this constitutional czar and decorated soldier. In this 75th year of Indian Constitution.
