New Delhi:

The Supreme Court on Wednesday responded firmly to a challenge to its authority – stressing that compliance with its orders is “not a matter of choice” – and expunged critical remarks made by a single-judge bench of the Punjab and Haryana High Court last month regarding a land dispute case.

The judge had reacted sharply to a May 3 order staying certain contempt proceedings.

Chief Justice DY Chandrachud called the criticism “unnecessary” and said it lowered the dignity of both courts. “A party may be dissatisfied with a decision… but judges can never express dissatisfaction over the order passed by a higher constitutional forum,” the Chief Justice declared.

A five-judge bench of the Chief Justice and Justice Sanjiv Khanna, BR Gavai, Surya Kant, and Hrishikesh Roy was responding suo moto to the judge’s comment, and called it a “matter of grave concern”. The bench also warned the judge – Justice Rajbir Sehrawat – who made the remark, saying it expected restraint while commenting on orders passed by the Supreme Court.

“Justice Sehrawat made observations in regard to the Supreme Court of India, which are a matter of grave concern… judicial discipline in the context of the hierarchical nature of the system is intended to preserve the dignity of all institutions, whether a district or a High Court, or the Supreme Court.”

“The observations made… were unnecessary for the ultimate order which was passed. Gratuitous observations in regard to previous orders passed by Supreme Court are absolutely unwarranted.”

The Supreme Court underlined that compliance with its orders is not “a matter of choice but a matter of constitutional obligation”. “Parties may be aggrieved by an order… but judges are never aggrieved by an order passed by a higher constitutional forum,” the Chief Justice-led bench.

The top court, however, declined to initiate contempt proceedings of its own against the judge, particularly since a Division Bench had acted first and stayed Justice Sehrawat’s order.

The court did, though, express hope that judges of other courts would learn from this episode and be cautious while commenting on orders passed by the country’s foremost legal forum.

The matter broke after a video of the judge making his observations went viral. Solicitor General Tushar Mehta suggested the video “makes (for) a case of aggravated contempt” against the judge.

Bengaluru:

Chief Justice of India DY Chandrachud said there was a marked shift in the way disability is looked at. Speaking at the inaugural session of the India Accessibility Summit and State Disability Commissioners’ Conclave here on Saturday, he said training, public meetings and policy-making have brought about the change.

“There is a marked shift in the way we approach disability. Training academies for administrative officers have dedicated modules for disability sensitization. State commissioners in some states are organising public meetings to improve service delivery and inform policy-making with lived experiences of people,” he said.

According to him, dedicated clinics at universities such as the Centre for Disability Studies at NALSAR, Hyderabad, policy think-tanks such as CLPR, Vidhi Centre for Legal Policies, NGOs and many other independent and sponsored institutions have enhanced the understanding of the ground realities about accessibility.

Private corporate entities have shown great initiative in promoting endeavours, ranging from research grants, CSR contributions, and inclusive hiring practices, Justice Chandrachud said.

He underlined that there is a long way to go before accessibility, autonomy, and equal participation for persons with disabilities are achieved.

“We still need accurate statistics of persons with disabilities, disaggregated along the various intersecting inequalities of gender, urban-rural divide, and types of disabilities,” Justice Chandrachud noted.

While government and private bodies are increasingly employing persons with disabilities, the workplace conditions are only slowly catching up, he told the gathering.

Technological solutions are sometimes prohibitively expensive and are unavailable to those who need them the most, he rued.

“Even as nearly 20 crore people live with psychosocial disabilities, we’re ill-prepared to properly diagnose and accommodate their needs. Honest and deliberate communication of needs is central to evolving solutions for some of these issues,” he pointed out.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

Chief Justice DY Chandrachud expressed concern over the rising instances of suicides among students in the country and ordered the Union Health Ministry to file an affidavit on steps being taken to prevent them.

Student suicide is a very serious social issue, the court noted.

Gaurav Bansal, an advocate, had filed a Public Interest Litigation, or PIL, demanding that measures be taken to stop the increasing tendency of suicides among children.

According to the Delhi Police’s response to an RTI query, over 400 students under the age of 18 died by suicide in the national capital Delhi between 2014 and 2018, Mr Bansal said.

Suicide is the largest public health crisis facing people, both the young and the old, in India, experts said, reported news agency IANS.

According to a National Crime Records Bureau (NCRB) report released in April, 1.71 lakh people died by suicide in 2022 in India.

The suicide rate has increased to 12.4 per 1,00,000 people, the highest rate ever recorded in India.

New Delhi:

Chief Justices have been in the minority in 13 significant judgments, Chief Justice of India DY Chandrachud has said, standing by his recent ruling in the marriage equality case. He was speaking yesterday at the 3rd Comparative Constitutional Law discussion on ‘Perspectives from the Supreme Courts of India and the United States’, hosted by Georgetown University in Washington, DC

“I do believe it is sometimes a vote of conscience and a vote of the Constitution. And I stand by what I said,” the Chief Justice said on the Supreme Court’s October 17 judgment in which it stopped short of legalising same-sex marriages.

All the judges on the five-member Constitution bench agreed that tweaking laws to bring about marriage equality would amount to encroaching into the legislature’s domain. There was, however, a difference of opinion on the question of the right to civil union and adoption rights. Chief Justice Chandrachud and Justice SK Kaul were in favour of recognising same-sex unions. The majority of the bench took a different view, with Justice S Ravindra Bhat saying he disagreed with the court directing the State to provide for a new legal framework to formalise such relationships.

The Chief Justice also stood by the Supreme Court’s judgment of leaving the decision on marriage equality to Parliament.

“By the unanimous verdict of all the five judges on the bench, we came to the conclusion that while we have progressed a great deal in terms of decriminalising homosexuality and recognising people belonging to the queer community as equal participants in our society, legislating on the right to marry is something that falls within the domain of Parliament,” the Chief Justice said.

In his judgment in the closely-watched case, the Chief Justice had said choosing a life partner is an integral part of choosing one’s course of life. “Some may regard this as the most important decision of their life. This right goes to the root of the right to life and liberty under Article 21,” he said.

“The right to enter into union includes the right to choose one’s partner and the right to recognition of that union. A failure to recognise such associations will result in discrimination against queer couples,” the Chief Justice said, adding, “the right to enter into union cannot be restricted on the basis of sexual orientation”.

Supporting adoption rights for queer couples, he said there is nothing to probe that only heterosexual couples can provide stability to a child. “There is no material on record to prove that only a married heterosexual couple can provide stability to a child,” he said.

New Delhi:

Chief Justice of India DY Chandrachud today said Mahatma Gandhi’s ideas have persisted over time as a tool of social change, non-violent ways of life and humanism. The Chief Justice of India was speaking at a programme organised on Gandhi Jayanti in London.

“In India, he is lovingly referred to as ‘Bapu’ which means ‘father’. In a spiritual sense, he is a guiding light for all of us. His ideas have persisted over time as a tool of social change, non-violent ways of life and humanism,” Chief Justice Chandrachud said.

“Bapu’s legacy extends far beyond the boundaries of India. His ideas have inspired countless individuals and people’s movements around the world, transcending cultural and geographical barriers. His philosophy continues to influence and guide those who strive for a more equitable and just society,” Chief Justice Chandrachud said.

The Chief Justice of India said Bapu’s commitment to social justice and equality continues to “inspire us to fight against injustices”.

“His unwavering belief in the inherent dignity and worth of every individual serves as a reminder that we must strive for a society where everyone is treated with fairness and respect. Bapu’s vision of a more equitable and just society encourages us to challenge systems of oppression, advocate for the rights of marginalised communities, and work towards creating a society where everyone has equal opportunities and access to necessities,” Chief Justice Chandrachud said.

He said Bapu’s lessons on sustainability are a guiding light for today’s world. “As we face the pressing issue of climate change and environmental challenges, his emphasis on living in harmony with nature and practising sustainable lifestyles provides us with valuable guidance,” the Chief Justice of India said.

“Bapu believed in the philosophy of ‘plain living and high thinking’, thus advocating for a lifestyle that is mindful of our impact on the environment. His ideas on sustainability remind us of the importance of contentment and responsible consumption, conservation of resources, and the need to protect the natural world for future generations,” Chief Justice Chandrachud said.

“As we remember and pay our tribute to Mahatma Gandhi on his birth anniversary, let us re-dedicate ourselves to upholding his principles and working towards a more peaceful, just, and sustainable world,” he said.