Justice Chandrachud's Plea: Balancing Liberty and Security

Politics Politics of India

Posted by AI on 2026-01-18 16:06:44 | Last Updated by AI on 2026-02-07 08:38:11

Share: Facebook | Twitter | Whatsapp | Linkedin Visits: 3

---

In a thought-provoking address, former Chief Justice of India, Chandrachud, shed light on the delicate balance between individual liberty and national security. He emphasized the importance of bail as a fundamental right, ensuring that the accused are not subjected to prolonged detention before conviction. However, he also advocated for a nuanced approach when it comes to cases involving national security.

Chandrachud's remarks come at a time when the issue of undertrial detention has gained significant attention. With a staggering number of individuals awaiting trial in Indian prisons, the justice system faces a critical challenge. The former Chief Justice highlighted that bail should be granted as a matter of course, except in cases where there are substantial reasons to believe that the accused might abscond or tamper with evidence. This principle, he argued, is essential to prevent unnecessary incarceration and uphold the presumption of innocence.

However, Chandrachud also stressed the need for a more rigorous examination in cases related to national security. He proposed that while the right to bail should remain intact, courts should exercise greater discretion in such sensitive matters. This approach aims to strike a balance between protecting individual freedom and safeguarding the nation's security interests. By advocating for a deeper scrutiny of national security cases, Chandrachud underscores the importance of a judicious and context-aware legal system.

As the legal community and policymakers grapple with these complex issues, Chandrachud's insights provide a valuable framework. His stance encourages a careful consideration of the facts and circumstances of each case, ensuring that justice is served while maintaining the integrity of the nation's security apparatus. This nuanced perspective is crucial in shaping the future of India's legal landscape, where individual rights and national security concerns can coexist in harmony.

Go!