The journey of Justice D.Y. Chandrachud, the esteemed former Chief Justice of India has been exemplary, marked by unwavering dedication, wisdom, and an indomitable spirit that has left an indelible mark on the Indian legal system. There is no doubt that he brought the perfect balance of deciding in the present but for the future. While many authors have summed up their assessment of Justice (Former) Chandrachud on the basis of his tenure as the Chief Justice of India, little attention has been spent on his contributions as the Chief Justice of Allahabad High Court.
I had the occasion of appearing before him in Allahabad High Court, particularly at Lucknow. Reflecting on his tenure as the Chief Justice of the Allahabad High Court, one cannot help but be struck by the deep respect he garnered from the bar and the legal fraternity. During his tenure as the Chief Justice of Allahabad High Court, not only did he leave his mark as an outstanding Judge but also as an able Administrator.
Since, the Chief Justice of Allahabad presides the courtroom mainly at Allahabad, in Lucknow the Chief Justice holds court for one week every month. His presence was eagerly anticipated by lawyers and litigants alike, especially during his sessions in Lucknow. It was not just his legal acumen that set him apart, but also his approachable demeanour and genuine concern for those who stood before him seeking justice. In Lucknow, amongst the lawyers and the judges, Tehzeeb is sine qua non – and in no time, the judges and the lawyers forgot that Justice Chandrachud was not brought up in Lucknow but in Mumbai.
Chief Justice Chandrachud’s virtues were manifold, but two qualities that stood out prominently were his patience and empathy. In an era where the judiciary often faces the challenge of balancing swift justice with due diligence, his ability to listen patiently to all sides and consider the broader implications of his judgments was truly commendable. His empathy, a trait rarely highlighted in the legal profession, allowed him to connect with people on a human level, understanding their predicaments and crafting judgments that were not only legally sound but also just and humane.
Justice Chandrachud always encouraged young lawyers more, particularly the junior lawyers a lot. Whenever, any junior lawyer sought any passover or adjournment on account of non-availability of his or her Senior, Justice Chandrachud always encouraged him or her to argue the matter and in case the junior Counsel was able to make out the case he passed positive orders, however, if the junior counsel was not able to convince the court he granted pass over in the matter. Clearly, the approach was to encourage the young advocates – and he did so balance the expectation from a junior advocate with expectations of a judge. Needless to say, junior bar loved him – for they are not used to such expression of kindness.
During his tenure, he adeptly handled the challenges posed by the bar, maintaining a harmonious relationship while ensuring that the rule of law was upheld. His courtroom was a model of decorum and respect, where arguments were heard with an open mind, and decisions were delivered with clarity and precision. His keen intellect and profound understanding of the law made him a formidable presence in the courtroom, yet his humility and grace made him approachable to all.
Justice Chandrachud wanted participation of lawyers at large in the decisions involving facilities etc. related to the lawyers and litigants. It was during his tenure that the new building of the High Court at Lucknow was being given final shape and the finishing of the same took place, Justice Chandrachud in order to obtain a firsthand feedback from the Lawyers’ perspective sent a team of lawyers to visit the new High Court building which was in the process of being finished to invite their suggestions regularly the facilities in Court Room, Lawyers Chambers etc. The suggestions which were given were acted upon by him. Justice Chandrachud also ensured that there was a proper litigants’ room/hall prepared with proper amenities for the litigants who visited the Court for attending the cases listed as in his words it was only because of the litigants and for them that the Judges, lawyers etc., were there. It was in this new building of the High Court at Lucknow that his farewell reference as Chief Justice of Allahabad High Court took place at Lucknow in May 2016, though the functioning in the new building formally started from October, 2016.
During his tenure as Chief Justice of Allahabad High Court, he took many decisions on the administrative side which not only sent a strong message in the entire judiciary, but also had a deterrent. For instance, in a matter where certain doubts were casted about an order passed on judicial side, he withdrew the judicial functions of the concerned High Court Judge till superannuation of the same which was only after few days and thus the concerned High Court Judge did not perform any judicial functions till superannuation. On receipt of serious complaints and on account of availability of adverse material certain Judicial Officers were compulsorily retired sending a strong message in the entire judiciary.
Justice Chandrachud, in capacity of Chief Justice at Allahabad High Court passed an Administrative Order in December 2013, whereby he provided that all Part Heard matters which part were heard to particular benches stood released with change of roster. This encouraged the judges to not keep the matters part heard for long durations, but at the same time this step which was not welcomed by most of the Judges at that point of time and was even referred to Full Bench by a Judicial Order and the same withstood judicial scrutiny consequently, the said decision of Justice Chandrachud on Administrative Side of releasing Part Heard matters every time after change of roster still continues. Even while at Supreme Court, he has expressed dissatisfaction with judgments being reserved for a long time.
Justice Chandrachud on the judicial side also believed in complete transparency. He made it a point that all judgments of the matters which he heard were dictated in open court, the only exception being the judgements in Full Bench matters which he pronounced after reserving the same. In one matter which was a Public Interest Litigation filed against a Senior Level Employee of an Industrial Development Authority and had multiple lawyers appearing, in the same Justice Chandrachud, after conclusion of the arguments dictated the judgement in the open court for almost about one and half days.
A defining moment and the test of his independence was during the appointment of the Lokayukta for the State of Uttar Pradesh. As the Chief Justice of the Allahabad High Court, he demonstrated his independence and strong moral compass by taking a principled stand on selecting the most suitable candidates. The letters he penned to the Governor and the Chief Minister, which later became part of a Supreme Court case, are a testament to his unwavering commitment to justice and integrity. These letters, treasured mementos in my library, reflect his eloquence and steadfast dedication to upholding the highest standards of judicial conduct. If ever there were a masterclass on the law of ‘consultation’ in the appointment process of Lokayukta, those letters alone would suffice as reading material. The list of such decisions taken by him on Administrative Side which established him as a firm decision maker is too long and the above instances inducting the stand taken by him in the issue of appointment of Lokayukta are only few examples.
Beyond his professional achievements, it is his personal qualities that have endeared him to many. His colleagues and peers speak of his kindness, generosity, and willingness to mentor younger members of the bar. His ability to inspire and lead by example has left a lasting legacy, encouraging future generations to strive for excellence and uphold the values of justice, fairness, and equality.
Justice Chandrachud always believed in keeping the atmosphere of the Court light and after some time of serious arguments he always diffused the seriousness and united all present in the court hall with smiles.
Chief Justice Chandrachud’s contributions extend beyond the courtroom. He has been a vocal advocate for judicial reforms, emphasizing the need for a more efficient and accessible legal system. His efforts in this regard have laid the groundwork for significant improvements in the judiciary, ensuring that justice is not only done but seen to be done.
His speeches and writings have also contributed immensely to the discourse on law and justice in India. His insights on various legal issues, from constitutional law to human rights, have enriched the understanding of the law and its role in society. His ability to articulate complex legal principles in a manner that is both accessible and engaging has made him a respected voice in legal circles and beyond.
It is also worth noting his role in fostering a culture of inclusivity within the judiciary. He has been a strong proponent of diversity, advocating for greater representation of women and marginalized communities in the legal profession. His efforts have not only paved the way for a more inclusive judiciary but have also inspired many to pursue careers in law, confident that they too can contribute to the administration of justice.
His judgments, many of which have set important precedents, will continue to guide the judiciary for years to come. His legacy is one of unwavering dedication to the pursuit of justice, a beacon of hope and fairness in a world that often seems divided and unjust. As a member of the Oudh Bar Association, we are filled with gratitude for his service and, many are inspired by his example. His retirement marks the end of an era, but his influence will continue to be felt, reminding us of all of the power of justice and the importance of integrity in the pursuit of truth.
By
Gaurav Mehrotra, Advocate,
Allahabad High Court at Lucknow
