November 5, 2024: Outgoing Chief Justice of India, DY Chandrachud, emphasized that judicial independence does not imply always ruling against the government, urging people to trust the judiciary’s impartiality in deciding cases. Speaking at a public event in Delhi, Chandrachud, who will step down from office on November 10, defended the principle of judicial independence, stressing that it should not be seen through a partisan lens.

The Chief Justice reflected on his tenure, recalling the criticism he faced when the Supreme Court struck down the controversial electoral bonds scheme in 2023. At the time, his decision was lauded by some as a demonstration of judicial independence. However, he pointed out that when judgments align with government positions, the same independence is often questioned.

"When you decide electoral bonds, then you are very independent, but if a verdict goes in favour of the government, then you are not independent... That is not my definition of independence," Chandrachud said, clarifying that judicial independence should be seen as a commitment to the Constitution and the rule of law, not a political stance.

The Supreme Court, under Chandrachud’s leadership, had struck down the electoral bonds scheme in February 2023, declaring it unconstitutional. A unanimous judgment by the five-judge bench led by the Chief Justice ended the controversial funding mechanism used for political donations, which had been a subject of public debate since its introduction in 2018.

The Chief Justice also addressed the evolving nature of judicial independence in contemporary society, noting that the pressure on judges is no longer limited to the executive branch. He acknowledged the growing influence of social media, interest groups, and external pressure, which can sometimes seek to sway judicial decisions.

“Independence of the judiciary even now means independence from the government. But that is not the only thing in terms of judicial independence,” he said. “Our society has changed. Particularly with the advent of social media… Interest groups and pressure groups, who try to use electronic media to put pressure on the courts to get favourable decisions,” he added.

Chandrachud expressed concern about the public perception of judicial independence, particularly when it is seen as a binary concept: supporting the government or opposing it. He criticized the notion that judges should only be considered independent when they rule in favour of certain groups or ideologies.

“If you do not decide in my favour, you are not independent,” he said, calling such an approach problematic. "To be independent, a judge must have the freedom to decide according to their conscience, guided by law and the Constitution."

In his closing remarks, Chief Justice Chandrachud urged the public to trust judges to make decisions based on their understanding of justice, regardless of the political implications or the sides involved in a case. "People must give judges the freedom to decide as they feel where the balance of justice lies, irrespective of whom the verdict goes in favour of," he concluded.

Chandrachud’s tenure as Chief Justice has been marked by a strong defense of judicial independence and the importance of a fair and impartial judiciary, even in the face of external pressures and public scrutiny.