Y. V. Chandrachud
Encyclopedia
The Honourable Justice
Yeshwant Vishnu Chandrachud (12 July 1920 – 14 July 2008) served as the Chief Justice of India
from February 22, 1978 to the day he retired on July 11, 1985. Born in Pune
in the state of Maharashtra
, he was first appointed Judge to the Supreme Court of India
on August 28, 1972 and is the longest serving Chief Justice in India's history at 7 years and 4 months. His nickname was "Iron-hands" after his well regarded unwillingness to let anything slip past him.
, a bench constituted of the five most senior judges of the Supreme court of India
heard the famous Habeas Corpus
case, where detenues under the restrictive Maintenance of Internal Security Act
had argued that the Right to Life and Liberty (article 21 in the Indian constitution) could not be suspended even during periods of national emergency.
Despite widespread high court support for Habeas Corpus,
Justice Chandrachud went along with Justices A.N. Ray, P.N. Bhagwati, and M.H. Beg, to reject this position, stating that
The only dissenting opinion was from Justice H. R. Khanna, who has been widely acclaimed for this act.
, the bench headed by Chief Justice Chandrachud took a secular stand. It invoked a provision in The Criminal Procedure Code, 1973 which is a secular legislation to order maintenance compensation to the divorced Muslim woman.
This case caused the Rajiv Gandhi
government, with its absolute majority, to pass the Muslim Women (Protection of Rights on Divorce) Act, 1986
which diluted the secular judgment of the Supreme Court.
Bombay Slum Dwellers case ( Olga Tellis v. Bombay Municipal Corporation )is another landmark case decided by him.
high school, Elphinstone College
and the ILS Law College in Pune.
Justice Y.V. Chandrachud died on 14 July 2008 shortly after he was admitted to the Bombay Hospital. He is survived by his wife, Prabha, his son, the sitting Judge
of the Bombay High Court
Dhananjaya Y. Chandrachud
http://bombayhighcourt.nic.in/site/judge/dyc1.html, and his daughter, Nirmala.
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
Yeshwant Vishnu Chandrachud (12 July 1920 – 14 July 2008) served as the Chief Justice of India
Chief Justice of India
The Chief Justice of India is the highest-ranking judge in the Supreme Court of India, and thus holds the highest judicial position in India. As well as presiding in the Supreme Court, the Chief Justice also head its administrative functions....
from February 22, 1978 to the day he retired on July 11, 1985. Born in Pune
Pune
Pune , is the eighth largest metropolis in India, the second largest in the state of Maharashtra after Mumbai, and the largest city in the Western Ghats. Once the centre of power of the Maratha Empire, it is situated 560 metres above sea level on the Deccan plateau at the confluence of the Mula ...
in the state of Maharashtra
Maharashtra
Maharashtra is a state located in India. It is the second most populous after Uttar Pradesh and third largest state by area in India...
, he was first appointed Judge to the Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
on August 28, 1972 and is the longest serving Chief Justice in India's history at 7 years and 4 months. His nickname was "Iron-hands" after his well regarded unwillingness to let anything slip past him.
The Habeas Corpus Case
In one of the most notable cases in Indian constitutional history, during the Indian Emergency (1975-1977) of Indira GandhiIndira Gandhi
Indira Priyadarshini Gandhara was an Indian politician who served as the third Prime Minister of India for three consecutive terms and a fourth term . She was assassinated by Sikh extremists...
, a bench constituted of the five most senior judges of the Supreme court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
heard the famous Habeas Corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
case, where detenues under the restrictive Maintenance of Internal Security Act
Maintenance of Internal Security Act
The misa was a controversial law passed by the Indian parliament in 1971 giving the administration of Prime Minister Indira Gandhi and Indian law enforcement agencies super powers - indefinite "preventive" detention of individuals, search and seizure of property without warrants, and wiretapping -...
had argued that the Right to Life and Liberty (article 21 in the Indian constitution) could not be suspended even during periods of national emergency.
Despite widespread high court support for Habeas Corpus,
Justice Chandrachud went along with Justices A.N. Ray, P.N. Bhagwati, and M.H. Beg, to reject this position, stating that
- In view of the Presidential Order dated 27 June 1975 no person has any locus to move any writ petition under Art. 226 before a High Court for habeas corpusHabeas corpusis a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
or any other writ or order or direction to challenge the legality of an order of detention.
The only dissenting opinion was from Justice H. R. Khanna, who has been widely acclaimed for this act.
The Shah Bano Case
In Shah Bano caseShah Bano case
The Shah Bano case was a controversial divorce lawsuit in India, in which Shah Bano, a 62 year old Muslim woman and mother of five from Indore, Madhya Pradesh, was divorced by her husband in 1978 and was subsequently denied alimony...
, the bench headed by Chief Justice Chandrachud took a secular stand. It invoked a provision in The Criminal Procedure Code, 1973 which is a secular legislation to order maintenance compensation to the divorced Muslim woman.
This case caused the Rajiv Gandhi
Rajiv Gandhi
Rajiv Ratna Gandhi was the sixth Prime Minister of India . He took office after his mother's assassination on 31 October 1984; he himself was assassinated on 21 May 1991. He became the youngest Prime Minister of India when he took office at the age of 40.Rajiv Gandhi was the elder son of Indira...
government, with its absolute majority, to pass the Muslim Women (Protection of Rights on Divorce) Act, 1986
The Muslim Women (Protection of Rights on Divorce) Act 1986
The Muslim Women Act was a landmark legislation passed by the parliament of India in 1986 to protect the rights of Muslim women who have been divorced by, or have obtained divorce from, their husbands and to provide for matters connected therewith or incidental thereto...
which diluted the secular judgment of the Supreme Court.
Bombay Slum Dwellers case ( Olga Tellis v. Bombay Municipal Corporation )is another landmark case decided by him.
Personal life
Chandrachud was educated at Nutan Marathi VidyalayaNutan Marathi Vidyalaya
Nutan Marathi Vidyalaya is a school in Pune, Maharashtra, India. The school was founded on 1 January 1883. Nutan Marathi Vidyalaya consists of a high school and a junior college...
high school, Elphinstone College
Elphinstone College
Elphinstone College is an institution of higher education affiliated to the University of Mumbai. Established in 1856, it is one of the oldest colleges of the University of Mumbai. It was exalted as a prestigious seat of learning during the British Raj and is generally observed for its vibrant alumni...
and the ILS Law College in Pune.
Justice Y.V. Chandrachud died on 14 July 2008 shortly after he was admitted to the Bombay Hospital. He is survived by his wife, Prabha, his son, the sitting Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
of the Bombay High Court
Bombay High Court
Bombay High Court at Mumbai, Maharashtra, is the High Court of India with jurisdiction over the states of Maharashtra & Goa, and, the Union Territories of Daman and Diu and Dadra and Nagar Haveli...
Dhananjaya Y. Chandrachud
Dhananjaya Y. Chandrachud
Dr. Justice Dhananjaya Y. Chandrachud is a sitting judge of the Bombay High Court and an eminent jurist in India.- Introduction :Dr. Justice Dhananjaya Y. Chandrachud is the son of Justice Y. V. Chandrachud, the longest serving Chief Justice of India. Born on 11 November 1959, he graduated from St....
http://bombayhighcourt.nic.in/site/judge/dyc1.html, and his daughter, Nirmala.