Outgoing Chief Justice of India DY Chandrachud, who is retiring on November 10, said the independence of the judiciary does not always equate to ruling against the government.
DY Chandrachud urged the public to trust judges in their decisions, stressing the importance of impartiality within the judicial system.
Speaking at an event in Delhi, DY Chandrachud remarked that after he invalidated the electoral bonds scheme and ruled against the central government, he was referred to as “very independent".
“When you decide electoral bonds, then you are very independent, but if a verdict goes in favour of the government, then you are not independent... That is not my definition of independence,” India Today quoted him as saying.
The Supreme Court on February 15, 2024, declared the electoral bonds scheme unconstitutional, effectively ending a contentious political funding method that had faced criticism since its introduction in 2018.
This unanimous ruling was delivered by a five-judge Constitution Bench chaired by Chief Justice DY Chandrachud.
He said the traditional concept of judicial independence requires a separation from executive power, highlighting the judiciary's essential role in upholding democratic integrity.
“Independence of the judiciary even now means independence from the government. But that is not the only thing in terms of judicial independence. Our society has changed. Particularly with the advent of social media... Interest groups, pressure groups and groups which are trying to use electronic media to put pressure on the courts to get favourable decisions,” he claimed.
{{/usCountry}}“Independence of the judiciary even now means independence from the government. But that is not the only thing in terms of judicial independence. Our society has changed. Particularly with the advent of social media... Interest groups, pressure groups and groups which are trying to use electronic media to put pressure on the courts to get favourable decisions,” he claimed.
{{/usCountry}}He mentioned that many groups consider the judiciary independent only when judges make decisions in their favour.
“If you do not decide in my favour, you are not independent', that is what I have an objection to. To be independent, a judge must have the independence to decide what their conscience tells them. Of course, the conscience, which is guided by the law and the Constitution,” said the Chief Justice.