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The Lord of the Rings: The Return of the King
new structures included tall gate broken unbroken versions working opening closing mechanism engravings inspired baptistry san giovanni.also four levels streets heraldic motifs every house inspired siena.there also citadel exterior stone street studios backlot using forced perspective.contains withered white tree built polystyrene brian massey greens department real branches influenced ancient gnarled lebanese olive trees.interior within threestory former factory wellington colourwise influenced charlemagnes chapel throne denethor carved stone polystyrene statues past kings.gondorian armour designed represent evolution númenóreans first films prologue simplified sea bird motif.
The Lord of the Rings: The Return of the King
thcentury italian german armour served inspiration civilians wear silver blacks designed ngila dickson continuing ancientmedieval mediterranean basin look.minas morgul staircase tower cirith ungol well shelobs lair designed howe morgul road using forced perspective bluescreened miniature.howes design minas morgul inspired experience wisdom tooth pulled way orcs put twisted designs former gondorian city.cirith ungol based tolkiens design richard taylor felt boring redesigned tipping angles.interior set like minas tirith built multiple levels numerous camera takes would suggest larger structure.the third film introduces enormous spider shelob.shelob designed body based tunnelweb spider head numerous growths selected peter jacksons children one many sculpts.
The Lord of the Rings: The Return of the King
jackson took great joy planning sequence arachnophobe himself.shelobs lair inspired sandstone sculpted existing caverns isengard set.the return king also brings focus dead men dunharrow evil haradrim south middleearth men ride mûmakil.dead men celtic influence well lines symmetry reflect morbid state underground city influenced petra.haradrim highly influenced african culture philippa boyens expressed concern possibility offensiveness finished characters instead bear influence kiribati terms weaving armour bamboo aztecs use jewellery.also built single dead mûmak.
The Lord of the Rings: The Return of the King
minor cultures include corsairs exotic swarthy look grey havens elven structures adapted stone influence j. m. w. turner paintings.principal photography return king shot though astins coverage gollums attempt separate frodo sam filmed november floods queenstown interrupted focus fellowship ring.earliest scenes shot film fact shot last.hobbiton home hobbits shot january early scenes fellowship ring exterior shot matamata farm interior scenes shot stone street studios wellington shared grey havens sequence.due high emotions filming scene cast despair required shoot three times due continuity flaw sean astins costume negatives producing outoffocus reels.
The Lord of the Rings: The Return of the King
also shared previous films rivendell interior may.the battle black gate filmed april rangipo desert former minefield.new zealand soldiers hired extras guides lookout unexploded mines.also cause concern monaghan boyds scale doubles charge sequence.meantime wood astin serkis filmed mount ruapehu mount doom exteriors.particular spent two hours shooting sam lifting frodo back crosscamera coverage.scenes shot june paths dead across various locations including putangirua pinnacles.
The Lord of the Rings: The Return of the King
july crew shot shelob scenes august september time spent scenes isengard.monaghan boyd tried numerous takes entrance stressing word weed smoked pipeweed.christopher lee spent part scene mostly alone though mckellen hill arrived first day lines help.edoras exteriors shot october.ride rohirrim théoden leads charge orc army filmed twizel extras horseback.battle pelennor fields extensive use computergenerated imagery contrast extensive use live action battle helms deep second film.
The Lord of the Rings: The Return of the King
also filmed attempts faramir recapture osgiliath scenes city itself.point production hectic jackson moving around ten units per day production finally wrapped minas tirith sets well second units shooting parts siege.hobbit actors first scene hiding ringwraith tree last scene bluescreened reaction shot inhabitants minas tirith bowing them.pickups pickups filmed wellington studio car park many parts sets bluescreens used finish scenes design team work hours get right sets ready particular day.shoot continued two months became emotional time farewells cast crew.
The Lord of the Rings: The Return of the King
film extensive list reshoots given trilogy.jackson took time reshoot aragorns coronation rushed single day second unit director geoff murphy december .jackson also reshot scenes around mount doom théodens death right bernard hill meant wrap.there also new character gothmog.major new design addition film jackson felt mordor orcs pathetic compared urukhai second film watching assembly cuts thus weta workshop created grotesque new über orcs antagonists audience focus on.christian rivers also redesigned witchking scenes reshot confusion nonreaders whether sauron battlefield.with positive response bloom legolas given fight mûmak howard shore also appeared cameo legolas gimlis drinking game edoras.
The Lord of the Rings: The Return of the King
final scenes shot aragorn escaping skull avalanche frodo finishing book.cast also received various props associated characters although john rhysdavies burned final gimli prosthetic.viggo mortensen headbutted stunt team goodbye.pickups ended june .scenes shot afterwards included various liveaction shots riders battle pelennor fields reaction shot serkis gollum finally realizes frodo intends destroy ring shot jacksons house.extended dvd march jackson created shots skulls rolling avalanche scene final piece footage ever shot trilogy jackson noted must first time director shot scenes film already oscar.
The Lord of the Rings: The Return of the King
editing postproduction began november completion ½ hour assembly cut film annie collins completing hour dailies.example théoden leading charge went minutes takes finished seconds.jackson reunited longtime collaborator jamie selkirk edit final film.like two towers would deal multiple storylines jackson paid attention storyline time deciding intercut.importantly spent three weeks working last minutes film appropriate intercutting leaving scenes mouth sauron fates characters like legolas gimli éowyn faramir.
The Lord of the Rings: The Return of the King
film inherited scenes originally planned go second film including reforging narsil gollums backstory sarumans exit.saruman scene posed structural problem killing second films villain plot sauron main villain.despite pickups dubs scene cut causing controversy fans saruman actor christopher lee well petition restore scene.lee nonetheless contributed dvds copenhagen premiere although said would never understand reason cut relationship jackson chilly.would however later reconcile upon lees casting jacksons hobbit films.
The Lord of the Rings: The Return of the King
jackson lock reels churn reels weeks help finish film.finally completed november .jackson never chance view film full due hectic schedule saw film beginning end december wellington premiere according elijah wood response yup good pretty good.visual effects return king contains visual effect shots nearly three times number first film almost twice second.two previous films jim rygiel served visual effects supervisor.
The Lord of the Rings: The Return of the King
visual effects work began alan lee mark lewis compositing various photographs new zealand landscape create digital arena pelennor fields november .jackson christian rivers used computers plan enormous battle february shots shown weta digital.astonishment planned shots gone characters .nevertheless pressed soon delivering shots week day deadline neared within last two months often working am.for battle recorded motions massive digital horses though deaths animated also deal late additions film trolls bursting minas tiriths gates well creatures pull grond gate redoing shot two mûmakil éomer takes originally taken six months two days.similar note digital creatures shelobs head sculpture scanned canadian company times detail weta previously able capture.like previous films also extensive morphs digital doubles actors.
The Lord of the Rings: The Return of the King
time sam falling shelob morph takes place astin hits ground.legolas attacking mûmak required numerous transitions fro gollums shots recovered one ring falling crack doom fully animated.latter scene well scene mount doom erupts frodo sam escape volcano help company next limit technologies software realflow required simulate lava.king dead played actor prosthetics head occasionally morphs skulllike digital version depending characters mood.mouth sauron also mouth enlarged unsettling effect.the return king also practical effects.
The Lord of the Rings: The Return of the King
pyre denethor sequence steward gondor throws pippin tomb john noble threw size double named fon onto prostrate billy boyd immediately pushed head camera complete illusion.burning torches also reflected plate glass camera gandalfs horse shadowfax kicks denethor onto pyre.jacksons requirement complete representation fantasy world numerous miniatures built scale miniature minas tirith rises high .m diameter.scale sections city also required extended edition scene collapsing city dead small skulls amounting total single cubic meter.miniatures team concluded november black gate days shooting final digital effects shot done rings destruction november.
The Lord of the Rings: The Return of the King
sound effects sound department spent early part year searching right sounds.tasmanian devil used create shelobs shriek turn gave inspiration wetas animators mûmakil beginning end lion roar.human screams donkey screech mixed saurons fall broken glass used collapsing sounds.missile trading minas tiriths siege construction workers dropped actual ton stone blocks previously lifted construction crane.mixing began new studio august although unfinished building work caused annoyances.
The Lord of the Rings: The Return of the King
mixers finished november three months nonstop work.score music composed howard shore previously composed first two parts trilogy.shore watched assembly cut film write seven minutes music per day keep schedule.score sees full introduction gondor theme originally heard boromirs speeches council elrond fellowship ring osgiliath two towers extended edition.shore also used gondor theme new ascending coda unique film score trailer film.the score features london philharmonic orchestra london voices london oratory school schola featured vocal soloists.
The Lord of the Rings: The Return of the King
score expansive three scoring effectively entire movie length including additional music written trailer various alternate versions released public.also uses biggest forces series sections score call two sets timpani eight trumpets possibly similar increase size horn trombone tuba section well singers mixed choir additional players allmale allfemale sections fifty boy choir many instrumentalist bands playing celtic eastern instruments tin whistle pan flute stage it.one piece music required instrument invented crafted especially film fiddle four pairs strings instead single strings.actors billy boyd viggo mortensen liv tyler also contributed films music.boyd sings screen faramir charges towards osgiliath mortensen sings screen crowned king extended edition tyler sings aragorn heals éowyn.renée fleming ben del maestro sissel kyrkjebø james galway also contribute soundtrack featured soloists.fleming sings arwen vision son gollum recovers one ring.
The Lord of the Rings: The Return of the King
del maestro sings gandalf lights staff save fleeing gondorian soldiers osgiliath nazgûl attack eagles arrive black gates.galway plays flute whistle frodo sam climb mount doom return shire.sissel sings asea aranion originally meant score houses healing scene.end title song west composed shore lyrics fran walsh.annie lennox formerly eurythmics performed also received songwriting credit.
The Lord of the Rings: The Return of the King
song partially inspired premature death cancer young new zealand filmmaker named cameron duncan befriended peter jackson.release two years attention acclaim since release fellowship ring audience critical anticipation final entry extremely high.world premiere held wellingtons embassy theatre december attended director many stars.estimated people lined streets quarter citys population.home media theatrical edition film released vhs dvd may .
The Lord of the Rings: The Return of the King
dvd disc set extras second disc.theatrical dvd sets two previous films released eight months films released return kings set completed five market sequel previous films wait footage sequels become available tenminute preview.however contained sevenminute trailer entire trilogy.the return king followed precedent set predecessors releasing extended edition minutes new editing added special effects music along four commentaries six hours supplementary material plus minutes fanclub credits.however set took longer produce others cast crew longer based new zealand trilogy spread world working projects.set finally released december uk us.
The Lord of the Rings: The Return of the King
final ten minutes comprises listing charter members official fan club paid threeyear charter membership.a collectors box set also released included extended set plus sculpture minas tirith bonus minute music documentary dvd howard shore creating lord rings symphony composers journey middleearth.dvd dtses soundtrack.dvd also features two humorous easter eggs one dominic monaghan plays german interviewer elijah wood via satellite another vince vaughn ben stiller attempt convince jackson make sequel originally shown mtv movie awards.accessed via ring icon last page disc scene indexes.august limited edition return king released.
The Lord of the Rings: The Return of the King
limited edition contains two discs first twosided dvd containing theatrical extended editions film.second disc bonus disc contains new behindthescenes documentary.the theatrical bluray release released united states april .individual bluray disc return king released september special features complete trilogy release except digital copy.extended edition released united states june .runtime minutes.the return king released ultra hd bluray november united kingdom december united states along films trilogy including theatrical extended editions films.
The Lord of the Rings: The Return of the King
reception box office film earned united states canada countries worldwide total .weekend february film crossed billion mark making second film history titanic.worldwide th highestgrossing film time adjusted inflation highestgrossing film second highestgrossing film highestgrossing entry lord rings trilogy highestgrossing film ever released new line cinema.held record time warners highestgrossing film worldwide eight years surpassed harry potter deathly hallows part .box office mojo estimates film sold million tickets us initial theatrical run.in us canada th highestgrossing film highestgrossing film highestgrossing entry lord rings trilogy.
The Lord of the Rings: The Return of the King
film set opening wednesday record .record first surpassed spiderman ranks seventh largest wednesday opening.film opened day earlier midnight showing accounted million.nearly twice firstday total fellowship ring — earned .million opening day — well significant increase two towers — earned .
The Lord of the Rings: The Return of the King
million debut .part grosses came trilogy tuesday event extended editions two previous films played december first midnight screening.went make opening weekend .million weekday previews.fridaysunday opening weekend recordhigh december first surpassed legend.
The Lord of the Rings: The Return of the King
film also set singleday records christmas day new years day first surpassed meet fockers.outside us canada th highestgrossing film highestgrossing film highestgrossing film series.first day wednesday december film earned .million countries set openingweekend record outside us canada .million day weekend whole.set openingday records thirteen including united kingdom germany austria belgium netherlands spain greece switzerland scandinavia well separately sweden finland norway denmark mexico chile puerto rico.
The Lord of the Rings: The Return of the King
set openingweekend records united kingdom .million five days germany spain sweden denmark switzerland.new zealand filming took place film set opening day opening weekend singleday friday gross saturday gross sunday gross records .million four days.the substantial increase initial box office totals caused optimistic studio executives forecast return king would surpass two towers total earnings.proved true would first blockbuster trilogy successive film earn box office predecessor three films blockbuster successes.
The Lord of the Rings: The Return of the King
return king helped lord rings franchise become highestgrossing motion picture trilogy worldwide time .billion beating notable series original star wars trilogy became new lines highest grossing release.through rereleases film grossed additional united states canada overseas combined total .brings overall earnings domestic international worldwide total .these figures include income dvd sales tv rights etc.estimated gross income nonbox office sales merchandise least equal box office three films.total gross income trilogy would region billion following investment million million including marketing costs.
The Lord of the Rings: The Return of the King
critical response review aggregator website rotten tomatoes return king holds approval rating based reviews average rating .. websites critics consensus reads visually breathtaking emotionally powerful lord rings return king moving satisfying conclusion great trilogy.metacritic uses weighted average gives film score based reviews indicating universal acclaim.audiences polled cinemascore gave film rare average grade f scale.like two predecessors return king released universal critical acclaim.alan morrison empire gave film perfect score five stars.review called film resounding climax landmark cinema history praised peter jackson kept momentum series rolling traditionally difficult middle part weak finale delivering climax story thats neater affecting tolkien managed printed page.
The Lord of the Rings: The Return of the King
morrison also mentioned fans films walked beside heroes every step way long journey deserve emotional payoff well action peaks genuinely touched final credits roll.elvis mitchell new york times lauded acting craft technical crew jacksons direction describing return king meticulous prodigious vision made director hamstrung heavy use computer specialeffects imagery.roger ebert chicago suntimes gave film three half stars four saying crowning achievement visionary use tools special effects pure spectacle enjoyed even seen first two films.talking whole trilogy ebert said admired whole parts return king certified lord rings work bold ambition time cinematic timidity.review times james christopher praised return king everything ring fan could possibly wish much described lord rings greatest film trilogy ever mounted amazing action sequences committed celluloid.
The Lord of the Rings: The Return of the King
nev pierce bbc gave film five stars five judging best chapter trilogy since combined ooh factor fellowship zippy action towers.pierce described return king majestic moving immense astonishing piece storytelling.philip french reviewing observer lauded narrative force battle scenes language visual style film related swirling battle paintings albrecht altdorfer claude lorraines elegiac paintings maritime departures inspired classical poets.french wrote whole trilogy jacksons lord rings indeed fine achievement moving involving many people even inspiring.redeems debased cinematic notion epic.in review entertainment weekly lisa schwarzbaum gave film grade wrote conclusion peter jackson’s masterwork passionate literate detailed expansive it’s conceived risktaking flair oldfashioned movie magic precious ... done throughout director paces scenes action intimacy even panoramic geographical grandeur ... control superb choreographer.. schwarzbaum also said whole series can’t think another film trilogy ends glory another monumental work sustained storytelling surges ahead much inventiveness ardor.
The Lord of the Rings: The Return of the King
richard corliss time named return king best film year described whole trilogy film event millennium.joe morgenstern wall street journal wrote never filmmaker aimed higher achieved more.third last installment screen epic based j.r.r.tolkiens literary classic redefines steeply upward notion major motion picture.peter bradshaw less enthusiastic first two chapters trilogy gave return king four stars five review guardian commenting started series atheist finished agnostic.
The Lord of the Rings: The Return of the King
bradshaw wrote film technically really superb commented hours watching film close eyes see incredible battle scenes pulsing throbbing skull ... maybe kurosawas battles one day described protojacksonian.the common criticism lord rings return king running time particularly epilogue even rave reviews film commented length.joel siegel good morning america said review film gave didnt take fortyfive minutes end itd best picture year.one great achievements film history.retrospectively cnn criticized army deads appearance rapidly ending battle pelennor fields still ranking battle among greatest screen battles ever.negative review written evening standard antonia quirke criticized jacksons direction saying much personality behind camera merely rampant enthusiasm.
The Lord of the Rings: The Return of the King
quirke also criticized viggo mortensen title role writing viggo mortensens aragorn good king title actor may look fetching crown cloak doesnt half gravitas sean beans boromir first film.in february months following release film voted eighth empires greatest movies time compiled readers top ten lists.forced magazine abandon policy allowing films older year eligible.total film named return king third best film past decade total films publication time behind matrix fight club.accolades film nominated eleven academy awards best picture best director best adapted screenplay best original score best original song best visual effects best art direction best costume design best makeup best sound mixing best film editing.th academy awards film categories nominated holds record highest academy award totals along titanic benhur also holding record highest clean sweep oscars.
Dhananjaya Y. Chandrachud
first fantasy film win academy award best picture.also last movie years win academy award best picture without chosen one top ten films year national board review release shape water .the film also four golden globes including best picture drama best director five baftas two mtv movie awards two grammy awards nine saturn awards new york film critics circle award best picture nebula award best script hugo award best dramatic presentation long form.see also hobbit film seriesthe hobbit filmthe lord rings filmthe return king filmlist films considered bestlist academy award records references notes citations external links official website lord rings return king imdb lord rings return king allmovie lord rings return king tcm movie databasethe lord rings return king box office mojo lord rings return king metacritic lord rings return king rotten tomatoesformer chief justice allahabad high court former judge bombay high court.set assume office chief justice india november .early life education dhananjaya chandrachud born november prominent deshastha rigvedi brahmin family.father yeshwant vishnu chandrachud longest serving chief justice india history.mother prabha classical musician.after attending cathedral john connon school mumbai st. columbas school delhi graduated honours economics mathematics st. stephens college delhi .
Dhananjaya Y. Chandrachud
obtained bachelor laws degree faculty law university delhi followed master laws degree harvard law school .studied prestigious inlaks scholarship offered indian citizens pursuing graduate education abroad received joseph h. beale prize harvard.stayed harvard complete doctorate juridical science finished .doctoral dissertation affirmative action considered law comparative framework.career dhananjaya studied law delhi university time jobs available young law graduates.
Dhananjaya Y. Chandrachud
worked junior advocate assisting lawyers judges including drafting briefs fali nariman.graduating harvard chandrachud first worked law firm sullivan cromwell.described experience sheer fluke due strong pecking order existed time strong bias hiring indians similar developing countries.upon returning india practised law supreme court india bombay high court.designated senior advocate bombay high court june .
Dhananjaya Y. Chandrachud
year appointed additional solicitor general india role held appointment judge.he became judge bombay high court march appointment chief justice allahabad high court.time also director maharashtra judicial academy.chief justice allahabad high court october appointment supreme court india may .april onwards became part collegium supreme court india body composed five seniormost judges supreme court india responsible appointment judges supreme court india high courts.set become th chief justice india.apart judicial service chandrachud also visiting professor comparative constitutional law university mumbai oklahoma university school law united states.
Dhananjaya Y. Chandrachud
lectured australian national university deakin university melbourne law school harvard law school yale law school william s. richardson school law university hawaii university witwatersrand south africa.notable judgments supreme court service highest number constitution benches five judges constituted hear matters constitutional questions.tenure supreme court delivered judgements indian constitutional law comparative constitutional law human rights gender justice public interest litigation commercial law criminal law.privacy among notable judgments lead opinion justice k. s. puttaswamy retd.anr.
Dhananjaya Y. Chandrachud
vs union india ors.part unanimous ninejudge bench decision indian supreme court affirmed right privacy constitutionally guaranteed right.chandrachud grounded right privacy dignity liberty autonomy bodily mental integrity selfdetermination across spectrum protected rights.writing three judges stateddignity cannot exist without privacy.reside within inalienable values life liberty freedom constitution recognised.
Dhananjaya Y. Chandrachud
privacy ultimate expression sanctity individual.constitutional value straddles across spectrum fundamental rights protects individual zone choice selfdetermination.the judgment also noteworthy observations sexual autonomy privacy.in two judge bench supreme court india suresh kumar koushal v. naz foundation upheld section indian penal code criminalized homosexuality.justice chandrachud referred decision striking discordant note directly bears upon evolution constitutional jurisprudence right privacy.observed decision wrong purpose elevating certain rights stature guaranteed fundamental rights insulate exercise disdain majorities whether legislative popular.concluded disagreeing manner koushal dealt privacy – dignitybased claims lgbt persons held thatthe test popular acceptance furnish valid basis disregard rights conferred sanctity constitutional protection.
Dhananjaya Y. Chandrachud
discrete insular minorities face grave dangers discrimination simple reason views beliefs way life accord mainstream.yet democratic constitution founded rule law rights sacred conferred citizens protect freedoms liberties.sexual orientation essential attribute privacy.discrimination individual basis sexual orientation deeply offensive dignity selfworth individual.the observations played role judgment supreme court declaring section indian penal code unconstitutional.he also known expressly overruling adm jabalpur v. shiv kant shukla habeas corpus case lead opinion written father former chief justice india y. v. chandrachud.free speech terming dissent safety valve democracy authored judgments upholding right freedom speech numerous cases.
Dhananjaya Y. Chandrachud
indibility creative pvt ltd v state west bengal authored judgment imposed fine state west bengal granted remedial compensation disallowing screening political satire bhobishyoter bhoot extraconstitutional measures.court interim order directed must bar screening movie.final judgment justice chandrachud held even apprehension public discontent police protection must provided instead prohibiting display movie.judgment noteworthy recognition positive duty state protect freedom speech expression.held thatfree speech cannot gagged fear mob…political freedoms impose restraining influence state carving area state shall interfere.
Dhananjaya Y. Chandrachud
hence freedoms perceived impose obligations restraint state.apart imposing negative restraints state freedoms impose positive mandate well.capacity public authority enforcing rule law state must ensure conditions freedoms flourish maintained.space reserved free exercise speech expression state cannot look askance organized interests threaten existence freedom.state duty bound ensure prevalence conditions freedoms exercised.
Dhananjaya Y. Chandrachud
instruments state must utilized effectuate exercise freedom.the judgment reported preventing censorship free speech limiting exceptions strictly grounds mentioned article constitution.another occasion given judgment freedom expression upsc jihad case client disservice nation accepting india melting point diverse cultures.client needs exercise freedom caution.in romila thapar ors.v. union india ors justice chandrachud dissented majority refused constitute special investigation team probe case concerning arrest five activists connection bhima koregaon violence held light particular circumstances case constitution special investigation team necessary ensure fair impartial investigation.in chief election commissioner india v. m.r.vijayabhaskar justice chandrachud upheld freedom speech expression media reporting court proceedings.
Dhananjaya Y. Chandrachud
case election commission india sought restraint media reporting oral observations judges.plea came context media reports carrying observation judges madras high court stating election commission responsible second wave covid pandemic country allowing political parties hold massive rallies without adhering covid protocols.dismissing plea supreme court held plea election commission strikes two fundamental principles guaranteed constitution – open court proceedings fundamental right freedom speech expression.court also recognised reporting judicial proceedings social media extension freedom speech expression media possesses.in suo motu writ petition dealing management covid pandemic justice chandrachud criticized certain state governments clamping free speech citizens sought help resources online.second wave covid pandemic many indians resorted social media websites source medical aid procure oxygen essential drugs locate hospital bed.
Dhananjaya Y. Chandrachud
state governments bid control information abysmal state healthcare system territories started registering police complaints persons posting please help stating fake bid create panic diminish national image.coming harshly tactics open court justice chandrachud remarked could clampdown free flow information especially humanitarian crisis.supreme courts order directed director generals police note direct indirect threats prosecution arrest persons air grievances amount contempt court invite penal action.personal liberty justice chandrachud authored judgment bail granted arnab goswami editor inchief republic tv arrested mumbai police connection suicide individual mother claimed goswami paid money owed certain contract work.judgment justice chandrachud noted high court bombay failed prima facie evaluate whether case abetment suicide made goswami.
Dhananjaya Y. Chandrachud
finding prima facie offence made facts matter supreme court held would entitled bail.important section human liberty role court justice chandrachud noted important ensure criminal law become tool selective harassment citizens.underscoring importance bail court held four decades ago celebrated judgment state rajasthan jaipur vs balchand justice krishna iyer pithily reminded us basic rule criminal justice system bail jail.high courts courts district judiciary india must enforce principle practice forego duty leaving court intervene times.must particular also emphasise role district judiciary provides first point interface citizen.
Dhananjaya Y. Chandrachud
district judiciary wrongly referred subordinate judiciary.may subordinate hierarchy subordinate terms importance lives citizens terms duty render justice them.high courts get burdened courts first instance decline grant anticipatory bail bail deserving cases.continues supreme court well high courts grant bail anticipatory bail cases falling within parameters law.consequence suffer incarceration serious.
Dhananjaya Y. Chandrachud
common citizens without means resources move high courts court languish undertrials.courts must alive situation prevails ground – jails police stations human dignity protector.judges would well remind instrumentality bail criminal justice systems primordial interest preserving presumption innocence finds eloquent expression.remedy bail ―solemn expression humaneness justice system.tasked primary responsibility preserving liberty citizens cannot countenance approach consequence applying basic rule inverted form.
Dhananjaya Y. Chandrachud
given expression anguish case citizen approached court.done order reiterate principles must govern countless faces whose voices go unheard.further judgment using publicly available date national judicial data grid also highlighted number pending bail applications throughout country directed high courts lower courts use tools disposal including technology ensure applications disposed swiftly.in another case rahna jalal v. state kerala justice chandrachud dealt question whether anticipatory bail granted person muslim man accused offence pronouncement triple talaq wife punishable section muslim women protection rights marriage act .section c said act provides notwithstanding anything contained code criminal procedure person accused offence would granted bail unless magistrate heard muslim woman satisfied reasonable grounds granting bail accused.state kerala argued nonobstante clause section c barred courts exercising powers section code criminal procedure grant anticipatory bail.rejecting argument justice chandrachud observed right personal liberty grant bail recognition presumption innocence trial yet take place.given value personal liberty absence express bar legislature making provisions section inapplicable bar presumed.
Dhananjaya Y. Chandrachud
reiterated statutory exclusion right access remedies bail construed strictly.gender justice sabarimala justice chandrachud authored several judgments gender justice call change mindsets well affirm equal entitlements women constitution.indian young lawyers association v. state kerala authored concurring judgment holding practice prohibiting women menstruating age entering sabarimala temple discriminatory violated fundamental rights women.judgment highlighted individual right freedom religion intended prevail subject overriding constitutional postulates equality liberty personal freedoms recognised provisions part iii.held thatthe court must lean granting constitutional protection claim derogates dignity women equal holders rights protections… constitution permit basis exclude women worship fact woman physiological feature – menstruating age – entitle anybody group subject exclusion religious worship physiological features woman significance equal entitlements constitution… exclude women derogatory equal citizenship.the judgment acknowledged recognizing denying entry temples women basis physiology amounted constitutionally prohibited practice untouchability article .
Dhananjaya Y. Chandrachud
stated social exclusion women based menstrual status form untouchability contrary constitutional values.notions purity pollution stigmatise individuals place constitutional order.following protests judgment state kerala five judge bench indian supreme court hearing review petition judgment november decided refer matter larger bench.justice chandrachud justice nariman part original bench passed majority judgment dissented held parameters exercise review jurisdiction court met.adultery joseph shine v union india authored concurring judgment declaring provision indian penal code concerned adultery law india unconstitutional.emphasizing constitutional commitment equality dignity held thatthe creation egalitarian society process.
Dhananjaya Y. Chandrachud
often involves questioning obliteration parochial social mores antithetical constitutional morality…the ability make choices within marriage every aspect concerning facet human liberty dignity constitution protects… implicit seeking privilege fidelity women marriage assumption woman contracts away sexual agency entering marriage.woman marriage consents advance sexual relations husband refrain sexual relations outside marriage without permission husband offensive liberty dignity.notion place constitutional order.sexual autonomy constitutes inviolable core dignity every individual.his concurring opinion noticed emphasis sexual autonomy women even within bounds marital relationship.held that….
Dhananjaya Y. Chandrachud
adjudicating rights women court taking paternalistic role granting rights.court merely interpreting text constitution restate already set ink — women equal citizens nation entitled protections constitution.legislation results denial constitutional guarantees women cannot pass test constitutionality.it reported observations significant bearing law employed restitution conjugal rights well exception carved law criminalizing marital rape.interestingly case second case justice chandrachud overruled decision father former chief justice india y. v. chandrachud.armed forces army authored two decisions realm gender justice armed forces country.
Dhananjaya Y. Chandrachud
secretary ministry defence v babita puniya directed government consider woman officers army appointed short service commissions grant permanent commissions equal basis male counterparts.union government contended women employed duties hazardous nature unlike male counterparts armservice.also contended inherent physiological differences men women preclude equal physical performances resulting lower physical standards.in section titled stereotypes women armed forces emphasized need change mindsets came heavily submissions union government held thatthe submissions advanced…are based sex stereotypes premised assumptions socially ascribed roles gender discriminate women.underlying statement greater challenge women officers meet hazards service owing prolonged absence pregnancy motherhood domestic obligations towards children families strong stereotype assumes domestic obligations rest solely women.reliance inherent physiological differences men women rests deeply entrenched stereotypical constitutionally flawed notion women weaker sex may undertake tasks arduous them.
Dhananjaya Y. Chandrachud
arguments founded physical strengths weaknesses men women assumptions women social context marriage family constitute constitutionally valid basis denying equal opportunity women officers…if society holds strong beliefs gender roles – men socially dominant physically powerful breadwinners family women weak physically submissive primarily caretakers confined domestic atmosphere – unlikely would change mindsets.the judgment reported internationally well national media landmark verdict ending gender bias deeply embedded patriarchal mindsets strong institutional biases.international judicial conference hosted india judiciary changing world saw participation chief justices judges countries president india welcomed judgment commended progressive social transformationin women received benefit babita puniya contended union government applied facially neural standard belated assessment permanent commission medical standards applicable men – years old discounting subsequent achievements.granting relief women elaborated doctrine systemic discrimination indirect discrimination relevant framework assessing claims discrimination structuring remedies.notedindirect discrimination caused facially neutral criteria taking consideration underlying effects provision practice criterion….. exclusive reliance tools direct indirect discrimination may also effectively account patterns arising multiple axles discrimination.therefore systemic view discrimination perceiving discriminatory disadvantage continuum would account unjust action also inaction.
Dhananjaya Y. Chandrachud
structures form organizations otherwise would probed systems cultures produce influence daytoday interaction decision makingthe judgement hailed internationally nationally scholars broadening horizons indian jurisprudence article indian constitution.navy short time babita puniya authored judgment union india v ld.cdr.annie nagaraja wherein court directed similar relief granted women sailors indian navy.court noted submission union government certain avenues seasailing duties illsuited women officers return base navy ships today structured infrastructure accommodate women sailors alongside men sailors rejected submissions illusory without foundation.
Dhananjaya Y. Chandrachud
judgment received similar international attention widely reported upon national media.sexual harassment workplace recently authored judgment affirmed sexual harassment workplace violates fundamental rights women guaranteed indian constitution.verdict based complaint made senior officer punjab sind bank transferred indore jabalpur complained irregularities corruption.woman chief manager scale iv officer said also allegedly sexually harassed senior officer.held thatsexual harassment workplace affront fundamental rights woman equality articles right live dignity article constitution well right practice profession carry occupation trade business… manner doubt respondent woman officer victimized.
Dhananjaya Y. Chandrachud
symptomatic carrot sticks policy adopted suborn dignity woman aggrieved unfair treatment workplace.law cannot countenance this.order transfer act unfair treatment vitiated malafides.he directed bank send woman employee back indore branch held bank may pass order completed tenure one year indore branch.intersectional violence april authored judgement considered caste disability woman relevant factor sentencing accused offence rape.judgement held true reading sc st act shows attracted criminal offence long caste identity one grounds occurrence offence.
Dhananjaya Y. Chandrachud
important intervention since certain earlier supreme court cases held sc st act would attracted crime committed solely ground victim belonged scheduled caste scheduled tribe community.justice chandrachud undertook intersectional analysis examine gender violence result combination various oppressions observed identity woman intersects inter alia caste class religion disability sexual orientation may face violence discrimination due two grounds.transwomen may face violence account heterodox gender identity.situation becomes imperative use intersectional lens evaluate multiple sources oppression operate cumulatively produce specific experience subordination blind scheduled caste woman.he criticised single axis legislations focus oppression account singular source caste gender disability noting make invisible experiences minorities within broader groups suffer account multiple oppressions.also noted legislations impose unrealistic evidentiary burden individuals intersection various marginalized identities since evidence discrete discrimination violence specific ground may absent difficult prove.noted amendment sc st act changed evidentiary requirement proving crime committed basis caste identity standard knowledge caste identity sufficient sustain conviction positive development enabled intersectional analysis caste violence.another significant aspect judgement holding court testimony disabled witness cannot considered weaker inferior ablebodied counterparts.
Dhananjaya Y. Chandrachud
justice chandrachud also issued certain guidelines make criminal justice system disabledfriendly.environment one justice chandrachuds significant opinions sphere environmental law judgment hanuman laxman aroskar v union india.challenge brought supreme court order national green tribunal upholding grant environmental clearance proposed greenfield international airport mopa goa.myriad contentions urged appellants questioning grant clearance included failure make disclosures forests ecologically sensitive zones well faulty appraisal process use erroneous sampling points.court observed numerous deficiencies process leading grant clearance directed rapid eia conducted afresh project proponent.
Dhananjaya Y. Chandrachud
court highlighted compliance core governing notification mandatory following termsthe notification represents independent code avowed objective balancing development agenda protection environment.applicant cannot claim ec notification based substantial proportionate compliance terms stipulated notification.terms notification lay strict standards must complied applicant seeking ec proposed project.burden establishing environmental compliance rests project proponent intends bring change existing state environment… gambles environment heads win tails lose approach simply unacceptable unacceptable preserve environmental governance rule law.the judgment expounded concept environmental rule law groundwork protection environment.judgment also welcomed united nations environment program.
Dhananjaya Y. Chandrachud
separate section titled environmental rule law court drew vast literature environmental law included un sustainable development goals work amartya sen dhvani mehta draw link protection environment right life article indian constitution.in bangalore development authority v mr sudhakar hegde authored judgment directing appellant conduct rapid eia result numerous deficiencies process leading grant environmental clearance.court noted patent contradiction disclosing existence forest land diverted project connecting tumkur road hosur road.section titled courts environment highlighted importance broadbased approach protection environment following termsthe protection environment premised active role courts also robust institutional frameworks within every stakeholder complies duty ensure sustainable development.framework environmental governance committed rule law requires regime effective accountable transparent institutions.equally important responsive inclusive participatory representative decision making.
Dhananjaya Y. Chandrachud
environmental governance founded rule law emerges values constitution.health environment key preserving right life constitutionally recognized value article constitution proper structures environmental decision making find expression guarantee arbitrary action affirmative duty fair treatment article constitution.justice chandrachud also authored judgment validity grating ex post facto environmental clearances alembic pharmaceuticals ltd v rohit prajapati.erstwhile ministry environmental forests issued administrative circular envisaging grant ex post facto clearances industries failed comply mandatory eia notification .ex post facto clearances granted group drug pharmaceutical companies located gujarat challenged.justice chandrachud set aside administrative circular noted concept ex post facto ecs derogates fundamental principles environmental rule law.
Dhananjaya Y. Chandrachud
noted grant ex post facto ecs contrary precautionary principle well principal sustainable development.justice chandrachud noted industries question made significant infrastructural investments.backdrop imposed fine rs crores purpose restitution restoration environment.heldrequirements conducting public hearing screening scoping appraisal components decisionmaking process ensure likely impacts industrial activity expansion existing industrial activity considered decisionmaking calculus.allowing ex post facto clearance would essentially condone operation industrial activities without grant ec.
Dhananjaya Y. Chandrachud
absence ec would conditions would safeguard environment.moreover ec ultimately refused irreparable harm would caused environment.either view matter environment law cannot countenance notion ex post facto clearance.would contrary precautionary principle well need sustainable development.in recent judgment himachal pradesh bus stand management development authority v. central empowered committee justice chandrachud directed demolition hotelcumrestaurant structure bus stand complex mcleod ganj himachal pradesh constructed violation permissions granted various environmental laws.construction structure dispute nearly years finally resolved judgment.
Dhananjaya Y. Chandrachud
developing concept environmental rule law propounded hanuman laxman aroskar v union india discussed actual implementation may suffer lack access scientific data ascertain concrete harm.however heldthe environmental rule law calls us judges marshal knowledge emerging record limited though may sometimes respond stern decisive fashion violations environmental law.cannot stupefied inaction access complete details manner environmental law violation occurred full implications.instead framework acknowledging imperfect world inhabit provides roadmap deal environmental law violations absence clear evidence consequences notwithstanding.labour wake pandemic justice chandrachud judicially reviewed decision state gujarat suspend provisions overtime pay work intervals working hours labour protections resorting section factories act terming emergency therein.
Dhananjaya Y. Chandrachud
tightly interpreting scope section envisaged suspension protections public emergency threatens security state justice chandrachud warned rendering hardwon protections factories act illusory constitutional promise social economic democracy papertigers.in addition contribution labour jurisprudence interpretation directive principles state policy judgement also hailed critically examining executive actions otherwise given wide leeway covid pandemic.constitutional judgments governance ordinances justice chandrachud part sevenjudge bench krishna kumar singh v. state bihar concerned repromulgation ordinances.enduring rights theory according rights liabilities accrued virtue ordinance said enduring effect even expiration ordinance held bad law.justice chandrachud writing majority held rights liabilities accrued force ordinance would continue exist even expiration ordinance public interest basis constitutional necessity irreversibility impracticability yardsticks determine constitutes public interest.observedthe constitution bench equated ordinance temporary act enacted competent legislature.
Dhananjaya Y. Chandrachud
approach respect fails notice critical distinction enactment competent legislature ordinance.acceptance doctrine enduring rights context ordinance would lead situation exercise power governor would survive terms creation rights privileges…the legislature may opportunity even discuss debate ordinance….enduring rights theory attributes degree permanence power promulgate ordinances derogation parliamentary control supremacy.he also observed laying ordinances parliament mandatory constitutional obligation cannot bypassed.judgment recognised expanding grounds judicial review ordinance limiting scope mala fide exercise ordinance promulgation.national capital territory justice chandrachud part constitution bench national capital territory v. union india nature power lieutenant governor delhi visàvis government delhi decided.
Dhananjaya Y. Chandrachud
majority unanimously observed chief minister lieutenant governor executive head territory lieutenant governor independent decisionmaking power save except provided constitution exceptional situations.observed follow aid advice council ministers except matter related police public order land.also held virtue article aa indian constitution lieutenant governor could case disagreement delhi government lieutenant governor refer exceptional matters president seeking opinion.cases decision president would final.justice chandrachuds concurring opinion commented upon clarity nuance held exceptional matter one government nct likely impede prejudice exercise executive power union government.
Dhananjaya Y. Chandrachud
justice chandrachud emphasized obligation lieutenant governor abide aid advice delhi government observed interpretation aids basic features representative governance cabinet form government adopted.held…in defining ambit constitutional powers entrusted council ministers nct relationship lieutenant governor delegate president court cannot unmindful constitutional importance assigned representative government.representative government hallmark constitution wedded democracy democratic form governance aspirations elect representatives met.floor test elections justice chandrachud authored judgment far reaching consequences political sphere shivraj singh chouhan.v. speaker madhya pradesh legislative assembly.
Dhananjaya Y. Chandrachud
justice chandrachud held governors exercise power convene legislative assembly floor test ongoing session assembly legitimate purpose ensuring norm collective responsibility duly preserved.accepted submission governor commands power order floor test governor – based objective material – reasons believe government lost majority.significantly noted power governor unbridled following termswhere exercise discretion governor call floor test challenged court immune judicial review.court entitled determine whether calling floor test governor basis objective material reasons relevant germane exercise power.exercise power intended destabilize displace democratically elected government accountable legislative assembly collectively responsible it.in first kind observation justice chandrachud also noted state politics country called changes strengthen nature indian democratic system following termsthe spectacle rival political parties whisking away political flock safe destinations little credit state democratic politics.
Dhananjaya Y. Chandrachud
unfortunate reflection confidence political parties hold constituents reflection happens real world politics lure away persons rival camps… best courts maintain arms length sordid tales political life.defining constitutional principle however court must conscious position ground admitted counsel sides effort made extent possible ensure democratic values prevail.doctrine legitimate expectations justice chandrachud authored judgment state jharkhand v. brahmputra metallics limited issue notification issued state jharkhand electricity rebate industrial policy granted onwards.high court jharkhand struck notification based doctrine promissory estoppel supreme courts judgment analysis english indian law clarified basis would instead doctrine legitimate expectation.court held doctrine legitimate expectations one ways guarantee nonarbitrariness enshrined article constitution india finds concrete expression.
Dhananjaya Y. Chandrachud
striking notification justice chandrachud came harshly lethargic attitude state jharkhand belatedly issuing notification heldit one thing state assert writ petitioner vested right quite another state assert duty bound disclose reasons giving effect exemption notification within period envisaged industrial policy .accountability state solemn obligation undertook terms policy document militate accepting notion state power.state must discard colonial notion sovereign handing doles will.policies give rise legitimate expectations state act according puts forth public realm.actions state bound act fairly transparent manner.
Dhananjaya Y. Chandrachud
elementary requirement guarantee arbitrary state action article constitution adopts.deprivation entitlement private citizens private business must proportional requirement grounded public interest.covid distribution essential supplies services pandemic second wave covid pandemic india april bench supreme court india headed chief justice sa bobde justice ln rao justice ravindra bhat took suo motu cognizance situation country deal issues pertaining availability oxygen supply essential drugs modalities vaccination.retirement chief justice bobde april bench composition altered justice chandrachud replacing chief justice bobde.the supreme court bench led justice chandrachud highlighted exercise suo motu jurisdiction discharge constitutional duty protector fundamental rights pandemic along high courts usurpation jurisdiction.additionally bench adopted boundeddeliberative approach facilitate dialogue union government various state governments relevant stakeholders order assess policy union government touchstone article right equality article right life constitution india.
Dhananjaya Y. Chandrachud
series directions supreme court directed union government formulate national hospital admission policy ensure person denied medical aid grounds nonresidency particular state raised concerns regarding augmentation medical oxygen available steps taken government.pertinently supreme court made critical observations liberalised vaccination policy government india noted vaccination policy free vaccination persons age paid vaccination persons years prima facie arbitrary irrational.court also sought justification decentralised procurement leaving state governments approach global vaccine producers instead union india acting collectively concerns regarding augmentation vaccine production issues relating modality vaccination use digital platform cowin given digital divide urban rural india.light issues union government directed provide justifications revise policy.a week supreme court order narendra modi led government revised vaccination policy centralising procurement providing free vaccination adults including ages – years.widely believed change vaccination policy result continuous engagement supreme court government scathing remarks governments vaccination policy.
Dhananjaya Y. Chandrachud
affirmative action justice chandrachud authored numerous judgments affirmative action india.foremost amongst judgment b.k.pavitra ii v. union india upheld constitutional validity karnataka extension consequential seniority government servants promoted basis reservation posts civil services state act .act concerned grant consequential seniority candidates appointed basis reservation.judgment recognised undertaking critical nuanced analysis weighs towards inclusive definition efficiency consequently merit one consistent principle substantive equality opposed formal equality.
Dhananjaya Y. Chandrachud
drawing work amartya sen held thata meritocratic system one rewards actions result outcomes society value…thus providing reservations scs sts odds principle meritocracy.merit must limited narrow inflexible criteria ones rank standardised exam rather must flow actions society seeks reward including promotion equality society diversity public administration.in chairman managing director food corporation india v jagdish balaram bahira justice chandrachud affirmed principle person receives benefit public employment basis false caste certificate entitled protection exercise equitable power conferred upon courts.justice chandrachud held withdrawal civil benefits flowed logical result validation claim belong group category reservation intended selection ineligible persons manifestation systematic failure deleterious effects good governance.observing governing state legislation explicitly specified consequences relying upon false caste certificate court held recourse inherent powers supreme court article would justified.vein justice chandrachud observed statutory bar conferring benefits basis false certificate administrative circulars government resolutions subservient legislative mandate would permitted cure defect false caste certificate.
Dhananjaya Y. Chandrachud
disability rights vikash kumar v. union public service commission justice chandrachud elaborated concept reasonable accommodation rights persons disabilities act .case appellant civil servant aspirant suffered writers cramp.application writing exam assistance scribe rejected upsc benchmark disability act.justice chandrachud allowing petition held concept reasonable accommodation heart act.positive obligation state private parties provide additional support persons disabilities ensure participation society.
Dhananjaya Y. Chandrachud
held disability social construct remedied ensuring conditions facilitate development disabled must meet needs every individual disabled person.justice chandrachud also stressed intersectional nature disability based discrimination.held previous decision supreme court v. surendra mohan v. tamil nadu court refused allow visually disabled person becoming judicial officer incorporate principle reasonable accommodation rendered old persons disabilities equal opportunities protection rights full participation act would longer binding precedent.commercial law justice chandrachud also authored opinions several commercial disputes emphasized principles certainty objectivity area commercial law.rejected challenge adani gas limited grant authorisations construction operation consumer gas distribution networks state tamil nadu.
Dhananjaya Y. Chandrachud
dispute concerned alleged addition certain bidding criteria last date bidding.upholding decisions taken petroleum natural gas regulatory board justice chandrachud noted additional criteria proposed regulator agenda item never subsequently adopted.also observed tender challenged bidder dispute remains solely bidder regulator regulators treatment bids bearing disputed bid cannot used allege case arbitrariness regulators actions.justice chandrachud also authored judgment governing liquidation super bazar.onceiconic cooperative society fallen hard times writers publishers bid revive super bazar court regulated recovery scheme.however audit comptroller auditor general india found several accounting irregularities management super bazar writers publishers.
Dhananjaya Y. Chandrachud
justice chandrachuds judgment held would first principles insolvency resolution applicant refunded investment failed revival effort.opinion directed super bazars assets handed official liquidator disposed accordance statutory order preferences.insurance law justice chandrachud authored opinions regarding interpretation insurance contracts.one decision claim filed wife deceased riding motorcycle experienced pain chest shoulder suffered heart attack fell motorcycle.justice chandrachud discussed extensively jurisprudence insurance law various jurisdictions dealt interpretation expressions accident bodily injury outward violent visible means.
Dhananjaya Y. Chandrachud
rejected claim noting evidence show bodily injuries suffered due fall motorcycle led assured suffering heart attack.in another decision justice chandrachud relied doctrine uberrimae fidei held suppression untruth inaccuracy statement proposal form insured breach duty good faith render policy voidable insurer.justice chandrachud noted system adequate disclosures helps narrow gap information asymmetries parties helps insurers assess risk appetite.heldproposal forms significant part disclosure procedure warrant accuracy statements.utmost care must exercised filling proposal form.proposal form applicant declares shehe warrants truth.
Dhananjaya Y. Chandrachud
contractual duty imposed suppression untruth inaccuracy statement proposal form considered breach duty good faith render policy voidable insurer.system adequate disclosure helps buyers sellers insurance policies meet common point narrow gap information asymmetriesin judgment reported national media justice chandrachud dealt question whether death caused due malaria occasioned mosquito bite constituted death due accident covered terms insurance policy.rejected contention bitten mosquito unforeseen eventuality regarded accident.justice chandrachud noted distinction occurrence disease may considered accident disease occurs natural course events.referred world health organizations world malaria report noted country severely afflicted malaria mosquito bite neither unexpected unforeseen therefore death caused mosquito bite would covered insurance policy.
Dhananjaya Y. Chandrachud
insolvency law justice chandrachud recently authored key judgments relation insolvency bankruptcy code .phoenix arc private limited v. spade financial services limited issue supreme court whether entities may related parties corporate debtor time acquiring financial debt longer related parties excluded committee creditors.taking purposive approach issue justice chandrachud looked objects insolvency code highlighted importance checking actions related party financial creditor devises mechanism remove label related party corporate debtor undergoes cirp able enter coc influence decision making cost financial creditors.further justice chandrachud also held collusive transactions two parties would give rise financial debt purposes insolvency code since nature transaction needs ascertained ensure parties collude detriment legitimate creditors.ramesh kymal v. ms. siemens gamesa renewable power private limited justice chandrachud clarified ordinance suspending applications corporate insolvency resolution process march accordance section insolvency code introduced june would also affect pending application filed march since consciously cutoff date chosen parliament.justice chandrachud delivered significant judgment gujarat urja vikas nigam limited v. amit gupta termination power purchase agreement corporate debtor solely account insolvency challenge.judgment clarified jurisdiction national company law tribunal national company law appellate tribunal holding jurisdiction limited adjudicating disputes arise solely relate insolvency corporate debtor.
Dhananjaya Y. Chandrachud
also analysed validity ipso facto clauses contracts allow termination solely party entering insolvency proceedings across international materials jurisdictions.noting validity clauses unclear india judgment resorted dialogical remedy direct parliament provide legislative guidance.present case however supreme court noted power purchase agreement sole contract corporate debtor heldgiven terms used section c wide import recognized consistent line authority hold nclt empowered restrain appellant terminating ppa.however decision premised upon recognition centrality ppa present case success cirp factual matrix case since sole contract sale electricity entered corporate debtor.reiterate nclt would empowered set aside termination ppa case termination took place solely ground insolvency.
Dhananjaya Y. Chandrachud
jurisdiction nclt section c ibc cannot invoked matters termination may take place grounds unrelated insolvency corporate debtor.even crucially cannot even invoked event legitimate termination contract based ipso facto clause like article ..e herein termination effect making certain death corporate debtor.future cases nclt would wary setting aside valid contractual terminations would merely dilute value corporate debtor push corporate death virtue corporate debtors sole contract case matters unique factual matrix.in arun kumar jagatramka v. jindal steel power ltd. justice chandrachud barred backdoor entry companies act promoter corporate debtor barred submitting resolution plan insolvency code submit scheme arrangement companies ac .supreme court noting promoters ineligible insolvency code cannot allowed backdoor entry companies act held proposing scheme compromise arrangement section act company undergoing liquidation provisions ibc lies similar continuum.thus prohibitions apply former situations must naturally also attach latter ensure like situations treated equally.the judgment hailed clarifying inconsistencies legal position caused varying decisions national company law tribunals.
Dhananjaya Y. Chandrachud
judgment supreme court also upheld constitutional validity regulation b insolvency bankruptcy board india liquidation process regulations provides party ineligible propose resolution plan insolvency code cannot party compromise arrangement.judgment also considered particular importance since supreme court noted scheme arrangements corporate insolvency resolution introduced judicial intervention national company law appellate tribunal cautioned keep intervention minimum destroy sanctity insolvency code.others justice chandrachud also authored judgments access justice commitment transparent judicial system.swapnil tripathi v. supreme court india three judge bench supreme court ruled proceedings cases constitutional national importance must streamed public.judgment emphasized right know every citizen principle accountability every institution.
Dhananjaya Y. Chandrachud
concurring opinion justice chandrachud emphasized principles open court open justice publics right know drew upon comparative jurisprudence across national frontiers.stated thatlivestreaming proceedings crucial dissemination knowledge judicial proceedings granting full access justice litigant… live streaming significant instrument establishing accountability stake holders justice process including bar… full dissemination knowledge information court proceedings livestreaming thus sub serves diverse interests stake holders society proper administration justice.the judgment welcomed lawyers academicians alike.chairperson ecommittee supreme court justice chandrachud released draft proposal introducing livestreaming court proceedings.justice chandrachud also delivered concurring opinion case central public information officer v. subhash chandra agarwal agreed majority office chief justice india public authority falls within ambit right information act .justice chandrachuds opinion widely discussed evolving jurisprudence around balancing right privacy public interest.opinion also commented upon expanding ambit phrase public interest include information adequate performance public authorities includes information selection judges higher judiciary must placed public realm.
Dhananjaya Y. Chandrachud
majority concurring opinion applied proportionality test balance right privacy public interest justice chandrachud expanded application proportionality test balance rights privacy information.notable dissents justice chandrachud delivered notable dissenting judgments.called judge afraid dissent.dissents drawn attention academia media one article notes thatjustice subba rao libertarian keen establishing individual rights.stood indira gandhis impulses.
Dhananjaya Y. Chandrachud
justice chandrachud libertarian interpretation constitutional rights.shown afraid dissent.aadhaar biometric project foremost amongst notable dissents opinion puttaswamy ii v. union india.government india enacted aadhaar act worlds largest biometric id system.world bank chief economist paul romer described aadhaar sophisticated id programme world.
Dhananjaya Y. Chandrachud
basis overarching system laid aadhaar system subject wide range orders supreme court .act challenged supreme court numerous grounds included charge bypassing upper house rajya sabha passed money bill creating surveillance state creating class citizens would excluded class beneficiaries.groups also raised significant privacy concerns government database held biometric personal information every individual country.in judgment dated september indian supreme court upheld constitutional validity act majority justice chandrachud penning sole dissent.dissent came called dissent ages noted numerous deficiencies proposed system struck entirety act constituting fraud constitution.celebrated dissent based analysis aadhaar architecture five key aspects surveillance proportionality money bill inequality individual identity.
Dhananjaya Y. Chandrachud
surveillance justice chandrachud noted profiling surveillance individuals possible aadhaar framework meta data used track profile people thirdparties access centralized database linking databases may take place.heldthe risks use aadhaar purpose carries linked different databases managed state private entities aadhaar number becomes central unifying feature connects cell phone geolocation data ones presence movement bank account income tax returns food lifestyle consumption medical records.starts causal link information usually unconnected considered trivial.thus linking aadhaar different databases carries potential profiled system could used commercial purposes.also carries capability influencing behavioural patterns individuals affecting privacy liberty.
Dhananjaya Y. Chandrachud
profiling individuals could used create corelations human lives generally unconnected… aadhaar seeded every database becomes bridge across discreet data silos allows anyone access information reconstruct profile individuals life.at time case heard supreme court whistleblowers warned possible implications infrastructure creating surveillance state.following judgment academicians documented growth state surveillance privacy held informational self determination facet privacy bodily integrity impart biometric details every person high degree privacy.held absence consent within act extent information disclosed expansive scope term biometrics burden placed upon individual update biometrics lack access record cumulatively constitute serious infringement privacy.proportionality justice chandrachud drew academic literature well jurisprudence across national frontiers proportionality standard held burden justify method adopted lies state must demonstrated chosen method necessary least intrusive manner achieving stated objective.circumspect aadhaar infrastructure plugging loopholes welfare leakages held thatthe test proportionality stipulates nature extent states interference exercise right case rights privacy dignity choice access basic entitlements must proportionate goal seeks achieve case purported plugging welfare leakage better targeting… … collecting identity information aadhaar program treats every citizen potential criminal without even requiring state draw reasonable belief citizen might perpetrating crime identity fraud.
Dhananjaya Y. Chandrachud
state required reasonable belief judicial determination effect program like aadhaar infringes justifiable expectations privacy citizens flowing constitution completely disproportionate objective sought achieved state… state failed demonstrate less intrusive measure biometric authentication sub serve purposes.as part analysis noted potential aadhaar infrastructure bread inequality burden state remedy potential failings prior implementation nationwide infrastructure.heldtechnological error would result authentication failures.concerns raised uidai ought resolved implementation aadhaar project.poor connectivity rural india major concern.majority indian population lives rural areas.
Dhananjaya Y. Chandrachud
even small percentage error results population crores affected.denial subsidies benefits due infirmities biometric technology threat good governance social parity… failure rate provision social welfare benefits regarded acceptable.basic entitlements matters food grain brook error.deny food lead family destitution malnutrition even death.money bill considered heart dissent justice chandrachud struck entire act passed money bill.
Dhananjaya Y. Chandrachud
justice chandrachud noted ordinary bills passed agreed houses… constitution carves limited role rajya sabha passage money bills.noted case money bill rajya sabha amending power merely power recommend changes binding lok sabha.words change rajya sabha wishes seek bill rejected entirety lok sabha.justice chandrachud proceeded affirming degree constitutional trust attaches certificate speaker house certifying bill money bill open judicial reviewthe purpose judicial review ensure constitutional principles prevail interpretation governance.institutions created constitution subject norms.constitutional institution wields absolute power.
Dhananjaya Y. Chandrachud
immunity attached certificate speaker lok sabha judicial review reason… constitutional courts entrusted duty scrutinize exercise power public functionaries constitution.individual holding institutional office created constitution act contrary constitutional parameters... constitution survive vicissitudes political aggrandisement face prevailing cynicism constitutional institutions notions power authority must give way duties compliance rule lawjustice chandrachud embarked analysis origins rationale bicameralism concludebicameralism entrenched principle constitutional democracy acts check abuse power constitutional means use oppressive manner.subset constitutional principle division power bicameralism mainly safeguard abuse constitutional political process.bicameral national parliament hold government accountable check restrain misuse government power.among roles representing local state units acting body expert review providing representation diverse socioeconomic interests ethnocultural minorities.after embarking comparative analysis bicameralism across world justice chandrachud grounded indian bicameralism commitment federal polity well participative governance hold rajya sabha symbol majoritarianism.he extensively analysed article indian constitution emphasized bill within ambit article must contain provisions dealing matter specified therein.