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CJI Dr Justice DY Chandrachud’s key judgments in Supreme Court

Chief Justice of India Dhananjaya Yashwant Chandrachud, during his six-year tenure as Supreme Court judge, has used his vast knowledge of law and the Constitution to deliver verdicts, which have redefined the Indian judiciary. Some of the most remarkable judgements by the 50th CJI are:

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Chief Justice of India Dr Justice Dhananjaya Yashwant Chandrachud has been part of many landmark verdicts, during his six-year tenure as a Supreme Court judge. With sound knowledge of law and the Constitution, he has given verdicts redefining the Indian judiciary. Some of the most remarkable verdicts by the CJI-designate are:

Permanent commission for women in armed forces

A Bench led by Dr Justice DY Chandrachud broke the glass ceiling by enabling women officers in the Indian Army to get permanent commission and command postings in February, 2020. The Apex Court rejected the Centre’s stance on their physical limitations, which was based on gender performance and other stereotypes that discriminated against women.

Another Bench headed by him later delivered a similar verdict for women in the Indian Navy, permitting them a permanent commission as well.

Right to Privacy as a fundamental right

On August 24, 2017, a nine-judge Constitution Bench, headed by Justice Chandrachud, unanimously held that the right to privacy should be guaranteed as a fundamental right under the Constitution. The order was passed on a writ petition filed by Justice KS Puttaswamy, a retired judge of the High Court, challenging the constitutional validity of the Aadhaar scheme introduced by the UPA Government.

Decriminalisation of Section 377 under the Indian Penal Code

On September 6, 2018, the five-Judge Bench led by then Chief Justice of India and also comprising Justice Rohinton Nariman, Justice DY Chandrachud, Justice AM Khanwilkar and Justice Indu Malhotra partially struck down Section 377 of the Indian Penal Code, decriminalising same-sex relations between consenting adults on the grounds that it discriminated against individuals on the basis of their sexual orientation and gender identity, thus violating Articles 14 and 15 of the Constitution.

The Apex Court, however, upheld the provisions in Section 377 that criminalised non-consensual acts or sexual acts performed on animals.

Granting abortion rights to unmarried women, transgenders

The Supreme Court bench headed by Justice Chandrachud extended the benefits of the Medical Termination of Pregnancy Act, 1971 (MTP Act) to unmarried women and transgenders on September 29 this year.

The verdict was delivered on the International Safe Abortion Day, with the Bench noting that the law should not decide the beneficiaries of a statute based on narrow patriarchal principles about what constitutes permissible sex as it would create invidious classifications.

Striking down Section 497 of the Indian Penal Code

A five-Judge Bench, comprising then Chief Justice Dipak Misra, Justice RF Nariman, Justice AM Khanwilkar, Justice D.Y. Chandrachud and Justice Indu Malhotra termed Section 497 of the Indian Penal Code (IPC) as unconstitutional on the grounds that it was parochial, arbitrary and violated the right to equality and privacy.

Entry of women in Sabarimala temple

A five-judge Constitution Bench of then CJI Ranjan Gogoi, Justice Rohinton Nariman, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Indu Malhotra permitted women of menstruating age to enter Sabarimala temple in September 2018, observing that all Hindu pilgrims, regardless of gender, were permitted to enter the temple.

Any exception placed on women because of biological differences violated the Right to Equality under Article 14 and the Right to Freedom of Religion under Article 25 of the Constitution, the Court had held.

The Ayodhya verdict

The five-Judge Constitution Bench, led by the then Chief Justice of India Ranjan Gogoi, and comprising Justice SA Bobde, DY Chandrachud, Justice Ashok Bhushan and Justice Abdul S Nazeer, brought down the curtains on November 9, 2019 on the 161-year-old case, by clearing the path for the construction of a Ram Temple at the Ayodhya site. The Apex Court had further directed the Central government to allot five acres to the Uttar Pradesh Sunni Central Waqf Board for building a mosque.

Giving recognition to living will of terminally-ill patients for passive euthanasia

A five-judge bench comprising the then CJI Dipak Misra, Justice AK Sikri, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Ashok Bhushan delivered a verdict on March 9, 2018, recognising the ‘living will’ made by terminally-ill patients for passive euthanasia.

Razing of Supertech’s Twin Towers

On August 31, 2021, a Bench headed by Justice Chandrachud had upheld the Allahabad High Court order, giving its nod to the demolition of the twin towers by real-estate major Supertech on the grounds that the 40-storey buildings located in Noida were constructed illegally, and violated building norms.

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Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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