"Every generation of judges functions in the social context, in the Constitutional context of the time. My father delivered judgments in a host of other cases which he believed in at that point of time. We have delivered several judgements which suit our context today…," India's 50th Chief Justice DY Chandrachud, who took over the post on Wednesday, 9 November, said.
In conversation with The Indian Express, CJI Chandrachud was talking about his decision to overrule his father, late Justice Y V Chandrachud's widely criticised decision in the ADM Jabalpur matter (abrogating the right to life, 1976).
"We decide for our society here and now, to the best of our ability. And when I overruled my father’s judgment, it happened to be my father’s judgment. But it was a judgment, after all," he added.
He also shared details about the process that went into overturning the decision and said that there was a lot of introspection involved.
"When I actually completed writing that part of Puttaswamy, where I said that I am overruling ADM Jabalpur, I remember I told my secretary that we are stopping work for the day today. I came inside and said it’s time to go back and introspect," he told The Indian Express.
Although there was a personal element involved in the case, he overruled it because ultimately it was just a judgement and it was part of his constitutional duty.
"As judges, we are also trained to control our emotions. That comes from years and years of training. You have to do what is right, irrespective of who is before you, who it’s affecting and in this case whose judgment you are overturning," he pointed out.
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