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Cons: Unable to get good consensus or decisions in many of those judgments
But while he does try to portray himself as all progressive and liberal, he just appears to be an elitist woke who isn't in touch with the realities. Preaches about the underprivilged kids taking the lead in legal education, yet misses out a majority of those meritorious kids by simply ignoring the descending state of NLUs, two of which he is the chancellor.
Additionally, like Chandrachud Sr., he has conceded to a majoritarian govt's stance on multiple ocassions, especially in instances like Art. 370, Maharashtra Defection or the LG case. Man accepted an Art 32 writ to give Arnab a bail on a vacation bench in less than 24 hours, but Kejriwal and so many other continue to remain in jail. He is no less than a hypocrite.
1. Electoral Bonds2. Hybrid Hearings
3. NCLAT Contempt Saga
4. Art. 370
Misses:
1. NCT v Governor (MCD)
2. Speedy Justice
3. Blocking Collegium Proposals
4. Maharashtra MLA Disqualification
There was a recent Canadian Supreme Court judgement referring to a rape victim as a “person with a vagina” instead of a woman, in order to be inclusive to trans people. Perhaps influenced by this judgment, or general literature on trans rights, the CJI used the term “pregnant person” and said that men too may get pregnant.
Another term currently being used by academics is “birthing parent” and “non-birthing parent”, instead of mother and father, and I expect this to be accepted by courts as well.
- Probably the only Harvard-educated CJI in history.
- Overruled his father on ADM Jabalpur.
- Possibly the only judge in India to have referred to theories of intersectional gender justice and Critical Race Theory in speeches and judgments, citing the works of Kimberle Crenshaw.
- In the Sabarimala case, struck down the practice of not allowing women of menstruating age as discriminatory.
- Launched a manual for courts on using gender-sensitive language. Passed an order acknowledging that men may get pregnant, hence "pregnant person" instead of "pregnant woman" is more appropriate.
- Upheld right to privacy
CONS:
- Not doing enough to improve legal education and addressing misgovernance at NLUs. Constantly criticising NLUs as elitist while frequently visiting Jindal.
- Not expediting various cases involving scams, both in BJP states and non-BJP states like West Bengal.