‘My love for law began thanks to literature’: Former CJI DY Chandrachud at the Dehradun Literature Festival

Former CJI DY Chandrachud (centre) at the festival, with students Avnish Singh Chauhan (left) and Palak Tomar. pics courtesy/DDLF

There is an immediate air of quiet and sobriety as we watch our guest walk in. It might be the middle of a long day that was filled with talks and debates, but former Chief Justice of India (CJI) DY Chandrachud looks well-rested. He barely has a moment before he asks us to begin with the questions. "It was quite a wonderful session in the morning," he says. The Harvard Law alum has been travelling across the country talking about his latest book, Why The Constitution Matters (Penguin Random House India) that was released earlier this year. The trip to Dehradun follows the launch of the book in Mumbai at the recently concluded LiteratureLive! The Mumbai Lit Fest.

The former CJI credits Munshi Premchand's Gaban for sparking a love for law in him. File pic

It was only natural to start by asking whether, in hindsight, he thinks more members of the judiciary ought to offer the layman an understanding of The Constitution. "There are two types of judges. Ones who look at their functions purely in a legal sense, and others in a sense of duty. On the other hand, The Constitution, by itself, is a transformative document. It is a social and political document; a document of compromises on many levels. To truly understand The Constitution, you have to understand its history, the ideologies of the many framers who worked from diverse perspectives to mould it into a living document. Therefore, the perspective of its [The Constitution's] time and the perspective of which we live today are both equally important for this understanding," he explains.

This ability to answer a question without having answered it at all is perhaps what defines the lawyer in him. But it also offers hints to his old-world influences, both in law and literature. Speaking later on stage at the Doon International School grounds, Chandrachud said, "My first love of law began, not thanks to rule books, but literature. I remember reading Premchand's Gaban that shook me, and taught me how a system, particularly the police, can turn oppressive against even the innocent poor." His other memorable reads, he recalled, were Harper Lee's To Kill a Mockingbird and Alan Paton's Cry, The Beloved Country. On stage, he elaborated that his turn to writing was only an extension of his efforts to simplify the understanding of The Constitution to the ordinary people of India.

Former CJI DY Chandrachud

Yet, despite his willingness to explain The Constitution to the lay public, there is a growing distrust of the judiciary. He firmly disagrees. "I am not sure about the US, but in India, I do not think there is a growing disbelief [in the judiciary]. Clear evidence lies in the access we provide to the judicial system for people. If they disbelieved the judiciary, they would not be approaching it in such large numbers."

Explaining further, he said, "In fact, we follow a more professional model where judges are trained and appointed over a period of time. So, ideology plays a far less important part in the Indian context." Yet, it was evident in the questions that followed his talk on stage that young people were beginning to question the lack of change in the system. So, what has he gleaned from his interactions with the layman across the country so far, we ask.

"Two, in particular. This morning, I was speaking to students [Avnish Singh Chauhan and Palak Tomar] who were in their early teens. The other memory is that of a former law clerk of mine, to whom I presented my book, who shared a picture of her 80-year-old grandfather engrossed in reading it," he laughs.

"The older generation looks at the system as a source of stability to be passed on. They do not want radical change, but for exceptions. The younger generation is impatient. They want answers to their questions. They are looking for change in a new India that is more receptive to their concerns. You have the impatience of the younger generation and the wiser emotional stability of the older generation. I see myself in between them both. I associate with the young with my heart, and with the old by my age and experience," he signs off.