There should be no area of the Constitution where any form of power is immune from judicial review, said former Chief Justice of India Justice (Retired) DY Chandrachud during The Hindu Lit for Life 2026 in Chennai on Saturday (January 17, 2026).
Speaking to N. Ravi, Director of Kasturi and Sons Limited on ‘Why the Constitution Matters’, Justice Chandrachud began his response to a question regarding the long-term imprisonment of Umar Khalid. He said: “The problem with many national security laws today is that they have turned the basic principles of bail on their head. Our law is governed by the basic presumption of innocence, which means that every trial is presumed innocent until a guilty verdict is reached,” he said.
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“Unless the accused is likely to flee or tamper with evidence, there is no reason to keep that person in jail. Raising national security as a defense does not end the process of judicial review. There should be no area of the establishment that is immune from judicial review. The court is required to carefully examine whether national security is really at stake,” he said.
Justice Chandrachud said that one of the major problems in the administration of criminal justice in India is the inability of the prosecution to close the courts for years. Even when the state alludes to national security, such claims must be carefully scrutinized. If there is no reasonable prospect of the trial ending within a reasonable time, the fundamental right to a speedy trial and the right to life must prevail, he said. During his tenure as the Chief Justice of India, the Supreme Court dealt with nearly 21,000 bail cases and the vast majority resulted in the grant of bail, he said.
Freedom of speech and regulation of social media
On freedom of expression, Justice Chandrachud said that Indian society is fundamentally different from societies like those of the United States. “India is multi-cultural, multi-religious and multi-regional. The stability of our society lies in mutual respect. What may be acceptable elsewhere is not necessarily acceptable in India,” he said.
He said social media has created avenues for spewing venom and hatred. However, he warned against state regulation of content. “As a citizen, I would be very careful about the state deciding what information should come to us. At the same time, pure self-regulation of platforms may also be insufficient,” he said. Justice Chandrachud proposed independent regulatory institutions based on civil society, created through multi-stakeholder consultations. “Institutions that people trust must set some boundaries for what is permissible and what is not,” he said.
Citing criticism of judges on social media, Justice Chandrachud said that judges are constantly subjected to extreme reactions aimed at swaying their point of view. “A judge always forms an opinion after hearing both sides. If that opinion is shaped by social media, one cannot function openly or confidently,” he said.
Former Chief Justice of India DY Chandrachud signs a copy of his book Why the Constitution Matters: Selected Speeches. | Photo credit: Umesh Kumar
On institutions and democracy, he said, while strong institutions are critical, citizens are equally important. “Citizens are the eyes and ears of how governance develops in practice. Their involvement in institutions supports democracy,” he said.
“Corporate Donations Not Illegal, Anonymous Political Donations Are”
Asked whether the Supreme Court had struck down the electoral bond scheme, Justice Chandrachud said legalizing anonymous political donations was impermissible as it would legitimize political corruption. The court ordered the disclosure of political funding and the elimination of tax exemptions for donors, he said.
“No one has argued that contributors should be prosecuted. Corporate donations are not illegal in India and have not been since 1966. Even after the electoral bond decision, corporate donations continue and the issue was not before us,” he said.
Balancing compassion for community dogs and concerns for public safety, he said the stray dog population reflects failures in municipal services such as garbage and sewage disposal. “Compassion is not only for animals, but also for people. We need nuanced solutions. Extreme approaches such as allowing strays without regulation or removing them will not work,” he said, calling for further discussion of the issue.
Answering a lighter question on his favorite cricketer after Rahul Dravid, he named Virat Kohli. “As Virat gets older, I see a piece of myself in him. He stood up for fairness in sports and set a new paradigm for fitness. I also admire Jemimah Rodrigues and Smriti Mandhana,” he added.
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Published – 17 Jan 2026 12:46 IST
