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The ability of judges to use the Constitution and judicial platforms for dialogues and deliberations is key to a stable society as in many societies across the world, the rule of law has given way to the rule of violence, Chief Justice of India D Y Chandrachud said.
As per report by PTI, He was speaking at the 3rd Comparative Constitutional Law discussion co-hosted by the Georgetown University Law Center, Washington and the Society for Democratic Rights (SDR), New Delhi and dealt with several issues relating to Indian judiciary.
He also spoke about the issue of polyvocality in the Supreme Court on various issues.
Chief Justice of India D Y Chandrachud has further defended his minority verdict on some aspects pertaining to same-sex marriages and said he stood by it as the judicial opinions are sometimes a “vote of conscience and a vote of the Constitution”.
On October 17, a five-judge Constitution bench headed by the CJI unanimously refused to accord legal recognition to same-sex marriage, saying there was “no unqualified right” to marriage.
However, the CJI and Justice S K Kaul were in minority on the issues of right to form civil union and right of adoption of queer couples.
On the Judges , CJI said , though not elected, have a very vital role to play because the judiciary has a “stabilising influence” in the evolution of societies which are rapidly changing with technology.
He was responding to the most common criticism that unelected judges should not venture into executive’s domain. He made the observations while speaking in the 3rd Comparative Constitutional Law discussion co-hosted by the Georgetown University Law Center, Washington and the Society for Democratic Rights (SDR), New Delhi on the topic – ‘Perspectives from the Supreme Courts of India and the United States’.
“I believe that judges have a very vital role to play though we are not elected. We don’t go back to the people every five years to seek their votes. But, there’s a reason for that… I do believe that the judiciary, in that sense, is a stabilising influence in the evolution of our societies, particularly in something like our age which is so rapidly changing with technology,” the CJI said.
