Social morality: Chief Justice on his minority verdict on same-sex marriage

Explaining his minority verdict in the Supreme Court's recent ruling in the same-sex marriage case, Chief Justice of India (CJI) DY Chandrachud said that judges don’t give effect to "social morality"

Explaining his minority verdict in the Supreme Court's recent ruling in the same-sex marriage case, Chief Justice of India (CJI) DY Chandrachud said that judges don’t give effect to "social morality" while deciding cases. He also pointed out that often judgments rendered on Constitutional issues are a "vote of conscience".

Speaking at the 3rd Comparative Constitutional Law discussion co-hosted by Georgetown University Law Center, Washington DC, and Society for Democratic Rights (SDR), New Delhi, the CJI noted that he was part of a minority verdict to allow queer people to marry and adopt kids while three judges of the bench differed from him and ruled otherwise.

"Our constitution speaks of fraternity, meaning thereby it postulates equality and brotherhood, the unique oneness of our civilisation," CJI Chandrachud stated. He emphasised that the Indian Constitution was intended not just as a political document but as an instrument for social transformation.

The Chief Justice stressed the importance of looking at the historical discrimination people have endured and utilising the constitution as a peaceful means to bring about societal change. He also articulated the duty of judges in contemporary times to use their platform for reason and deliberation, distinguishing it from societies where the rule of law has yielded to violence.

"I am a judge and it is my duty to fundamentally look at the history of discrimination that people have suffered and to use the constitution as a peaceful means of bringing about a social transformation. In so many societies across the world, you will find the rule of law has given way to the rule of violence. The key to a stable society is the ability of judges to use the Constitution and their own platform as a platform for reason and deliberation," CJI Chandrachud pointed out.

CJI Chandrachud recognised the significance of the deliberation process in the courts, as it fosters emerging consensus and offers hope for a better future for society. He acknowledged that judges, representing the diversity of the nation and its various cultures, backgrounds and experiences, may have differing views.