Six noteworthy judgements by Justice A.S. Chandurkar, among the latest appointees to the top Court
Justice Chandurkar took oath as a judge of the Supreme Court on May 30. His momentous judgements range from the Kunal Kamra (2024) decision which ruled against government Fact-Checking Units, and a ruling on appointment of consumer forum members which upheld the separation of powers, to a controversial ruling on the Hijab ban.
Simran Kaur
Published on: 5 June 2025, 09:13 am
FOLLOWING THE RECOMMENDATION OF CHIEF JUSTICE B.R. GAVAI, Justice Atul S. Chandurkar took oath on May 30. His appointment superseded Chief Justices Nitin Jamdar and K. R. Shriram of the Kerala and Madras High Court respectively.
He has served as a judge at Bombay High Court for over twelve years and has practiced as a lawyer and authored two books over the course of thirty six years. Justice Chandurkar’s most impactful decisions have ranged from critical issues on free speech and digital rights to the separation of powers. While certain judgements, such as his decision in the Kunal Kamra (2024) ruling on the government’s Fact Checking Units, was widely appreciated for “reaffirming the core principle of free speech”, other decisions such as his judgement upholding the ban on Hijab in a Bombay college (currently under challenge in the Supreme Court), was seen as a curb to religious freedom.
We list a handful of Justice Chandurkar’s notable judgements. :
While the petitioners challenged it as an infringement of their fundamental rights, the judgement authored by Justice Chandurkar upheld the university’s action as constitutional.
Nine undergraduate students at colleges run by Chembur Trombay Education Society challenged the instruction requiring them to follow the prescribed dress code, which essentially restrained them from wearing a Hijab or Nakab. The students challenged the instruction as being arbitrary, discriminatory and infringing upon their rights under Articles 19(1)(a) and 25 of the Constitution of India. The dress code, which prohibited any revealing dress for girl students and mandated them to wear formal and decent dresses, considered the hijab or nakab as indecent.
While the petitioners challenged it as an infringement of their fundamental rights, the judgement authored by Justice Chandurkar upheld the university’s action as constitutional. He held that the prescription of such dress code intended to conceal religion in campus and thus was not a violation of any constitutional rights of students professing Islam. Rather, it was necessary to achieve uniformity among students and avoid disclosure of one’s religion.
The college’s decision was held as part of their right to establish and administer an educational institution under Articles 19(1)(g) and 26 of the Constitution. Justice Chandurkar also denied the claim under Clause 3 of UGC (Promotion of Equity in Higher Educational Institutions) Regulations, 2012 and observed that the instructions issued by the college are applicable to all students irrespective of their caste, creed, religion or language.
Justice Chandurkar further noted that donning of a Hijab and Nakab was not an essential religious practice, and following the dress code was a step towards ensuring focus on gaining knowledge and education which was in students’ larger interest.
