LFL 2026: Former CJI D.Y. Chandrachud on prolonged incarceration of Umar Khalid, why constitution matters and more

There shouldn’t be an area of the Constitution where any form of power is immune from judicial review, said former Chief Justice of India, Justice (Retired) D.Y. Chandrachud during The Hindu Lit for Life 2026 in Chennai on Saturday (January 17, 2026).

Justice Chandrachud, who was in conversation with N. Ravi, Director, Kasturi and Sons Limited, on the topic ‘Why the Constitution Matters’, opened with a response to a question on the prolonged incarceration 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 a fundamental presumption of innocence, which means that every undertrial is presumed to be innocent until there is a judgment of conviction,” he said.

Also read: The Hindu Lit for Life 2026 Day 1 LIVE

“If an undertrial is not likely to flee or tamper with evidence, there is no reason to keep that person in jail. Raising national security as a defence does not end the process of judicial review. There should be no area of the polity which is immune from judicial review. The court is duty-bound to carefully scrutinise whether national security is truly involved,” he said.

Justice Chandrachud said one of the major problems of criminal justice administration in India is the inability of the prosecution to conclude trials for years. Even when national security is cited by the State, such claims must be carefully examined. If there is no reasonable prospect of a trial ending within a reasonable time, the fundamental right to a speedy trial and the right to life must take precedence, he said. During his tenure as Chief Justice of India, the Supreme Court dealt with nearly 21,000 bail cases, and the overwhelming majority resulted in the grant of bail, he said.

Free speech and social media regulation

On free speech, Justice Chandrachud said Indian society is fundamentally different from societies such as that of the United States. “India is multicultural, multi-religious and multi-regional. The stability of our society lies in mutual respect. What may be acceptable elsewhere may not necessarily be acceptable in India,” he said.

He said social media has created avenues for spewing venom and hate. However, he cautioned against state regulation of content. “Speaking as a citizen, I would be very careful about allowing the state to decide what information should come to us. At the same time, pure self-regulation by platforms may also be insufficient,” he said. Justice Chandrachud suggested independent regulatory institutions drawn from civil society, created through multi-stakeholder consultations. “Certain boundaries must be drawn for what is permissible and what is not, by institutions that people trust,” he said.

On criticism faced by judges on social media, Justice Chandrachud said judges are constantly subjected to extreme reactions aimed at influencing their perspective. “A judge always forms a view after hearing both sides. If that view is shaped by social media, one cannot function with candour or confidence,” he said.

Former Chief Justice of India D.Y. 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 unfolds in practice. Their engagement with institutions sustains democracy,” he said.

‘Corporate donations are not illegal, anonymous political donations are’

Responding to a question on the Supreme Court striking down the electoral bonds scheme, Justice Chandrachud said legalising anonymous political donations was impermissible as it would legitimise political corruption. The court had mandated disclosure of political funding and removal of tax exemptions for donors, he said.

“No one argued that contributors should be criminally prosecuted. Corporate donations are not illegal in India and have not been since 1966. Even after the electoral bonds’ judgment, corporate donations continue, and that issue was not before us,” he said.

On balancing compassion towards community dogs with concerns over public safety, he said stray dog populations reflected failures in municipal services such as garbage and sewage disposal. “Compassion is not only towards animals but also towards human beings. We need nuanced solutions. Extreme approaches like either allowing strays without regulation or removing all of them will not work,” he said, calling for more conversation on the issue.

Responding to a lighter question on his favourite cricketer after Rahul Dravid, he named Virat Kohli. “As Virat is ageing, I see a bit of myself in him. He has stood for fairness in sport and set a new paradigm for fitness. I also admire Jemimah Rodrigues and Smriti Mandhana,” he added.

The Hindu Lit For Life is presented by The all-new Kia Seltos. In association with: Christ University and NITTE, Associate Partners: Orchids- The International School, Hindustan Group of Institutions, State Bank of India, IndianOil, Indian Overseas Bank, New India Assurance, Akshayakalpa, United India Insurance, ICFAI Group, Chennai Port Authority and Kamarajar Port Limited, Vajiram & Sons, Life Insurance Corporation of India, Mahindra University, Realty Partner: Casagrand, Education Partner: SSVM Institutions, State Partner: Government of Sikkim & Uttarakhand Government

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Published – January 17, 2026 12:46 pm IST