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There shouldn’t beryllium an country of the Constitution wherever immoderate signifier of powerfulness is immune from judicial review, said erstwhile Chief Justice of India, Justice (Retired) D.Y. Chandrachud during The Hindu Lit for Life 2026 successful Chennai connected Saturday (January 17, 2026).
Justice Chandrachud, who was successful speech with N. Ravi, Director, Kasturi and Sons Limited, connected the taxable ‘Why the Constitution Matters’, opened with a effect to a question connected the prolonged incarceration of Umar Khalid. He said “The occupation with galore nationalist information laws contiguous is that they person turned the basal principles of bail connected their head. Our instrumentality is governed by a cardinal presumption of innocence, which means that each undertrial is presumed to beryllium guiltless until determination is simply a judgement of conviction,” helium said.
“If an undertrial is not apt to fly oregon tamper with evidence, determination is nary crushed to support that idiosyncratic successful jail. Raising nationalist information arsenic a defence does not extremity the process of judicial review. There should beryllium nary country of the polity which is immune from judicial review. The tribunal is duty-bound to cautiously scrutinise whether nationalist information is genuinely involved,” helium said.
Justice Chandrachud said 1 of the large problems of transgression justness medication successful India is the inability of the prosecution to reason trials for years. Even erstwhile nationalist information is cited by the State, specified claims indispensable beryllium cautiously examined. If determination is nary tenable imaginable of a proceedings ending wrong a tenable time, the cardinal close to a speedy proceedings and the close to beingness indispensable instrumentality precedence, helium said. During his tenure arsenic Chief Justice of India, the Supreme Court dealt with astir 21,000 bail cases, and the overwhelming bulk resulted successful the assistance of bail, helium said.
Free code and societal media regulation
On escaped speech, Justice Chandrachud said Indian nine is fundamentally antithetic from societies specified arsenic that of the United States. “India is multicultural, multi-religious and multi-regional. The stableness of our nine lies successful communal respect. What whitethorn beryllium acceptable elsewhere whitethorn not needfully beryllium acceptable successful India,” helium said.
He said societal media has created avenues for spewing venom and hate. However, helium cautioned against authorities regularisation of content. “Speaking arsenic a citizen, I would beryllium precise cautious astir allowing the authorities to determine what accusation should travel to us. At the aforesaid time, axenic self-regulation by platforms whitethorn besides beryllium insufficient,” helium said. Justice Chandrachud suggested autarkic regulatory institutions drawn from civilian society, created done multi-stakeholder consultations. “Certain boundaries indispensable beryllium drawn for what is permissible and what is not, by institutions that radical trust,” helium said.
On disapproval faced by judges connected societal media, Justice Chandrachud said judges are perpetually subjected to utmost reactions aimed astatine influencing their perspective. “A justice ever forms a presumption aft proceeding some sides. If that presumption is shaped by societal media, 1 cannot relation with candour oregon confidence,” helium said.
Former Chief Justice of India D.Y. Chandrachud signs a transcript of his publication Why the Constitution Matters: Selected Speeches. | Photo Credit: Umesh Kumar
On institutions and democracy, helium said portion beardown institutions are critical, citizens are arsenic important. “Citizens are the eyes and ears of however governance unfolds successful practice. Their engagement with institutions sustains democracy,” helium said.
‘Corporate donations are not illegal, anonymous governmental donations are’
Responding to a question connected the Supreme Court striking down the electoral bonds scheme, Justice Chandrachud said legalising anonymous governmental donations was impermissible arsenic it would legitimise governmental corruption. The tribunal had mandated disclosure of governmental backing and removal of taxation exemptions for donors, helium said.
“No 1 argued that contributors should beryllium criminally prosecuted. Corporate donations are not amerciable successful India and person not been since 1966. Even aft the electoral bonds’ judgment, firm donations continue, and that contented was not earlier us,” helium said.
On balancing compassion towards assemblage dogs with concerns implicit nationalist safety, helium said stray canine populations reflected failures successful municipal services specified arsenic garbage and sewage disposal. “Compassion is not lone towards animals but besides towards quality beings. We request nuanced solutions. Extreme approaches similar either allowing strays without regularisation oregon removing each of them volition not work,” helium said, calling for much speech connected the issue.
Responding to a lighter question connected his favourite cricketer aft Rahul Dravid, helium named Virat Kohli. “As Virat is ageing, I spot a spot of myself successful him. He has stood for fairness successful athletics and acceptable a caller paradigm for fitness. I besides respect Jemimah Rodrigues and Smriti Mandhana,” helium added.
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