DY Chandrachud’s tenure: Great ambitions, but did he do enough?

While Danny was unsure about taking on the role of a judge, his colleagues at the Bombay High Court had already marked their calendars, predicting his eventual ascendancy to the Supreme Court as Chief Justice of India.

Fast forward to today, at 64, Danny—or Dhananjay Yeshwant Chandrachud—is preparing to conclude his term as the 50th Chief Justice of India after two years at the helm of India’s judiciary.

Chandrachud’s term as Chief Justice of India ends on 10 November. Before that, he had spent eight years as a Supreme Court judge.

To assess Chandrachud’s legacy, first as a lawyer and then as a judge, Mint spoke with senior advocates, former judges, and acquaintances.

‘Danny’—a nickname given to him by one of his teachers at Mumbai’s 162-year-old Cathedral School—comes from a distinguished legal lineage. He is the son of India’s longest-serving Chief Justice, Yeshwant Vishnu Chandrachud, and classical singer Prabha Chandrachud. He is also an alumnus of St. Stephen’s College and Harvard University, where he earned a Doctor of Juridical Science.

Chandrachud’s ascent to the Supreme Court bench was not due to his pedigree but because of his reputation as a keen legal mind and a compassionate individual.

Even his critics describe him as down-to-earth, polite, diligent, and liberal, acknowledging his passionate advocacy for social causes, including women’s rights, the rights of persons with disabilities, and LGBTQ+ rights.

Early in his career as a lawyer, Chandrachud defended a worker facing discrimination due to HIV/AIDS, securing a landmark ruling affirming the rights of HIV-positive individuals.

His commitment to such issues is deeply personal, shaped by his experiences, including the loss of his first wife, Rashmi, to cancer and his role as a foster father to two daughters with rare genetic conditions.

Chandrachud often references these experiences in his speeches and lectures, highlighting how they inform his judicial philosophy and dedication to social justice.

The successor

Chandrachud will be succeeded by Justice Sanjiv Khanna as the 51st Chief Justice of India, starting 11 November.

Justice Khanna began his legal career in 1983 and was appointed to the Delhi High Court in 2005. He is set to retire on 13 May, 2025.

Justice Khanna also comes from a distinguished lineage. He is the nephew of former Supreme Court Justice Hans Raj Khanna, who famously prioritized personal liberty and the rule of law during the Emergency period in 1977, even at the cost of his own promotion to Chief Justice.

‘An extravert judge’

Chandrachud’s tenure is marked by significant rulings on pressing social issues, which reflect his judicial philosophy. He played a crucial role in decriminalizing adultery and was instrumental in partially striking down Section 377, which criminalized same-sex relations. He also directed the Indian Army to grant women officers a Permanent Commission.

Chandrachud also expanded abortion rights for unmarried women and upheld a ruling allowing women’s entry into the Sabarimala temple, asserting constitutional equality despite considerable opposition.

In a notable push for inclusivity, he introduced a Judges’ Handbook in 2023 and established guidelines for respectful media portrayals of individuals with disabilities. His leadership in the landmark Justice K.S. Puttaswamy case recognizedprivacy as a fundamental right, a pivotal moment in Indian jurisprudence.

(Justice Puttaswamy, a former Karnataka High Court judge, had in 2012 challenged the Union government’s plan to make Aadhaar mandatory for all citizens. He passed away on 28 October.)

Former Additional Solicitor General Sanjay Jain described Chandrachud as a “extravert judge laced with enormous gravitas, who with his overwhelmingly visible footprints in every aspect of judicial canvas acquired a celebrity-like status".

That said, former Supreme Court judge Sanjay Kishan Kaul said Chandrachud’s legacy would be defined by his pragmatic legal view on crucial social issues such as privacy and same-sex marriage.

The incumbent Chief Justice of India succeeded in looking at matters through a social lens, Kaul said, adding that Chandrachud’s greatest strength was his hard work and intellectual heft.

“Whether it’s same-sex marriage or privacy issues, these require a more social approach. To that extent, we were on the same wicket," said Kaul, who shared the Supreme Court bench with Chandrachud multiple times during his tenure.

One ruling where Chandrachud demonstrated notable resolve, even according to his critics, was when a bench led by himstruck down the Union government’s electoral bonds scheme, declaring it unconstitutional just before the start of the 2024 national election.

Not without blemishes

For all of Chandrachud’s achievements, critics expressed disappointment with his performance as the Chief Justice of India, citing a gap between the high expectations of him and his actual impact. Some believe that while Chandrachud was heavy on rhetoric he lacked decisiveness in his judgments.

“While Chandrachud has a strong grasp of the Constitution, there is a sense of unfulfilled promise as his tenure nears its end," said Faizan Mustafa, vice chancellor of Chanakya National Law University, Patna. “He gave some good judgments in favour of states, but on civil liberties, he won’t be remembered as a fearless protector of civil liberties."

Senior advocate Arvind Datar was more severe in his opinion of Chandrachud’s tenure as the Chief Justice of India. “The image of the Supreme Court as a robust and independent institution was damaged" during Chandrachud’s tenure, Datar said, adding that important cases such as the Maharashtra assembly issue were delayed while less critical matters were prioritized.

Datar also said the Chief Justice should have ensured compliance with Collegium resolutions, as the government had repeatedly ignored them.

Justice Kaul indicated that his disagreements with Chandrachud were primarily administrative on issues such as the appointments of the judges.

“We did resolve many of the amicable discussions, but you can’t resolve 100% of the issues," Kaul said. “I believe it requires a greater administrative and judicial push, as non-appointment discourages good advocates from accepting positions and creates a docket backlog. Those challenges needed to be discussed with Chandrachud."

Chandrachud has also faced criticism for publicly exhibiting his religious affiliations, particularly for inviting Prime Minister Narendra Modi to his home for Ganesh Puja. “Will anyone appreciate the Chief Justice of a high court performing a puja or other religious ceremony with the local chief minister?" asked Datar.

Chandrachud’s role in the 2019 Supreme Court judgment that allowed for the construction of the Ram temple in Ayodhya has also drawn scrutiny. “No one till date claimed the ownership of the Ayodhya judgment, but it is very clear that it was Chandrachud who wrote that judgment," said a senior lawyer in the Supreme Court, asking to remain anonymous.

This issue recently intensified when Chandrachud publicly stated that he had sought help from God to find a solution in the Ayodhya judgment. “I sat before the deity and told him he needs to find a solution." Many viewed this as an admission of his subjective role in that judgment.

An email sent to Chandrachud did not elicit a response till publishing time.

Impact on commerical cases

One prominent corporate matter that Chandrachud handle as the Chief Justice of India was the Adani-Hindenburg case.

US shortseller Hindenburg Research’s allegations of financial fraud against the Adani group raised concerns about market manipulation and cast doubt on the independence of the Securities and Exchange Board of India in investigating the charges.

A Supreme Court bench, under Chandrachud’s leadership, appointed a committee of experts to investigate potential regulatory failures. However, in its final ruling, the three-judge bench led by Chandrachud affirmed the integrity and independence of Sebi and rejected pleas for an independent probe into the matter.

Prashant Bhushan, a senior lawyer involved in the Adani-Hindenburg case, criticized Chandrachud’s handling of the matter, claiming he gave "a free run to both Sebi and Adani".

Bhushan noted that while Chandrachud is a capable speaker, expectations were high, and he ultimately let many down. “On the whole, his legacy is negative with very few positives," Bhushan said.

Former Additional Solicitor General Sanjay Jain said that in cases related to balance of power between States and the Union government, Chandrachud appeared to be holding a view that favoured the states, thus tilting the asymmetrical federalism of Indian body polity towards states, not only in matters of taxation but also in the matter of governance.

Nitin Potdar, formerly a corporate partner at J. Sagar Associates lawfirm and who has known Chandrachud since his Mumbai days, said Danny should be utilised by the government after he retires, possibly to head a commitee to oversee the resolution of case backlogs in India’s judiciary.

Sanjay Jain, the former Additional Solicitor General, believes that given Chandrachud’s public persona and opinions on various issues, he would likely be travelling globally delivering lectures on causes he’s passionate about. “He will be like Barack Obama, and his views would set the agenda for many a debate."