The judiciary in India stands as a pillar of democracy, upholding the principles of separation of powers and the rule of law. It remains committed to safeguarding citizens’ rights and adapting to the changing landscape of Indian society. By embracing technology and addressing modern challenges, the judiciary continues to play a pivotal role in promoting sustainable jurisprudence and protecting democratic values.
NEW DELHI: On 15th May: Addressing a seminar titled ‘Sustaining Jurisprudence in Democratic Evolution’ organized by the Indian Council for Legal Justice, Justice Kant emphasized the judiciary’s crucial and continuous connection with the concerns of the common man.
On Wednesday, Supreme Court Justice Surya Kant reiterated that the judiciary is mindful of its responsibilities and duties, always considering the principles of separation of powers and the rule of law.
Justice Kant emphasized that the judiciary plays a vital role in addressing the concerns of the common man and remains intricately connected with their issues. The judiciary acts as a spirited guardian of the Indian democratic system, promoting the rule of law and good governance. It ensures that the concentration of power is prevented and India’s image as the world’s largest democracy is upheld.
Over the past seven decades, India has witnessed significant transformations in its social, political, economic, and moral landscape. Justice Kant acknowledged that written laws may not always reflect these changes adequately.
“Let’s not overlook or underestimate the vital role of India’s legislature. Alongside judicial activism, we’ve witnessed the effectiveness of legislative mechanisms,” he emphasized.
Justice Kant emphasized the importance of upholding the principles of separation of powers and the rule of law when discussing the judiciary’s role.
“We firmly believe that the judiciary is conscientious of its duties and responsibilities,” he added.
“These foundational principles not only prevent the concentration of power but also maintain India’s stature as a successful democracy on the global stage,” he stressed.
Over the past seven decades, India has undergone significant social, political, economic, and moral transformations, Justice Kant noted.
“Written laws may not always reflect these changes on a day-to-day basis,” he acknowledged.
He raised the question of safeguarding citizens’ rights and preserving democratic values.
“Legislative acts cannot be amended, enacted, or repealed frequently,” he pointed out, highlighting the judiciary’s role in addressing modern-day challenges.
Justice Kant commended the Supreme Court for its innovative interpretation, converting fundamental rights into human rights and vice versa.
“This approach has deepened our understanding of human rights and has been evident in various judgments aimed at promoting them,” he remarked.
Therefore, the judiciary assumes the responsibility of safeguarding citizens’ rights and preserving democratic values in the face of modern-day challenges. It has interpreted fundamental rights as human rights, contributing to a deeper understanding and promotion of human rights through various judgments.
While acknowledging the role of the legislature in India, Justice Kant recognized that legislative acts cannot be frequently amended, enacted, or repealed.
In situations where the enactment of new laws takes time, the judiciary acts as an emergency hospital, working round the clock to ensure justice. It assesses reports, presents draft legislation, engages in debates, and eventually enables the implementation of new laws.
Delhi High Court Acting Chief Justice Manmohan highlighted the role of technology in promoting democracy and sustainable jurisprudence. Courts are actively incorporating technology to enhance efficiency and accessibility. However, challenges arise with the emergence of threats like deep fakes, which can undermine democracy. Efforts are being made to address these challenges and protect democratic principles.
Former Supreme Court judge Justice Swatanter Kumar, present at the seminar, emphasized,
“The Indian Supreme Court and other courts are widely respected worldwide for their jurisdictional domain and application of expansive doctrines across all aspects of human life.”
He highlighted how the expansion of law and judicial practices has evolved in response to social changes, with courts consistently upholding democratic principles such as justice, equality, and the rule of law. According to him, numerous court judgments have contributed to the evolution and creation of law.
Former Chief Justice of India K G Balakrishnan described the Constitution as a dynamic document, designed to safeguard the rights of the people. He emphasized the immense significance of various Supreme Court decisions in protecting jurisprudence and the rights of the people.
Former Supreme Court judge Justice Swatanter Kumar commended the Indian judiciary for its respected domain of jurisdiction and its application of the doctrine of expansion in various fields of human life.
The courts have evolved and expanded laws and judicial practices in response to social changes, ensuring justice, equality, and the rule of law. The judgments of the Indian courts have played a significant role in the creation and development of law.
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