Former Chief Justice of India D.Y. Chandrachud on Saturday emphasised that no part of the Constitution or governance structure should be exempt from judicial scrutiny. Speaking at The Hindu Lit for Life 2026 in Chennai, he argued that national security laws are increasingly undermining basic principles of bail and presumption of innocence.
Referring to the prolonged incarceration of activist Umar Khalid, Justice Chandrachud said the justice system presumes every undertrial innocent until conviction. If an accused poses no threat of fleeing or tampering with evidence, continued detention cannot be justified merely by invoking national security, he said. He stressed that courts have a duty to evaluate such claims closely and ensure the right to liberty and a speedy trial.
Highlighting systemic delays, the former CJI noted that trial backlogs remain one of India’s biggest criminal justice failures. During his tenure, the Supreme Court handled nearly 21,000 bail petitions, most resulting in release.
On free speech and social media, he warned against both unchecked digital hate and heavy-handed state censorship, suggesting independent civil society-led regulation. Justice Chandrachud added that citizens and strong institutions together uphold democracy public engagement being vital to sustaining constitutional values.
