Chief Justice of India Surya Kant said justice is a living institution that must balance continuity and change. Speaking at SCAORA’s international legal conference, he noted that legal systems evolve through centuries of struggle, debate, compromise and courage.
Chief Justice of India Surya Kant stated that justice is a living institution that must maintain a balance between continuity and change.
He emphasized that the law should not resist transformation but should also carefully consider new developments rather than uncritically accepting them.
He stated,
“The law that refuses to engage with change does not remain pure, while the law that embraces every novelty without reflection also risks losing its moral centre.”
According to him, the law should not resist transformation, nor should it adopt new ideas without careful consideration. He emphasized that a law that fails to adapt becomes less relevant, while a law that accepts every innovation without reflection risks losing its moral foundation.
In his address at the concluding session of the two-day SCAORA International Legal Conference, the CJI highlighted that every legal system is a legacy shaped by centuries of struggle, debate, compromise, and moral courage.
He posed the critical question of how justice can stay true to itself in an ever-evolving world, explaining that this inquiry leads to recognizing justice as a living institution, “saved by time, tested by change and sustained by the collective discipline of those who serve it.”
Justice Kant remarked that legal systems are inherited rather than invented, implying that those present do not own these institutions but merely serve as temporary custodians.
The CJI pointed out that the delicate balance between continuity and adaptability was a recurring theme during the conference, evident in discussions about the increasing role of technology in courtrooms, the rise of cross-border commercial disputes, and ethical challenges presented by social media.
He highlighted the ongoing tension of adapting to these changes without eroding trust, suggesting that transparency is key.
Addressing the pressures on justice systems today, the CJI clarified that these are not aimed at undermining judicial independence, as is often misconstrued. Instead, he referred to the challenges of being expected to be faster yet more careful, more accessible yet more restrained.
While acknowledging that technology offers efficiency, he cautioned it also introduces new forms of power and risks to fairness. He argued that these perceived threats should not deter institutions; rather, they serve as stress tests that highlight both vulnerabilities and reserves of resilience, provided that institutions respond with creativity rather than reflexive actions.
He stated,
“The living institution is not one that escapes pressure. It is one that absorbs pressure without losing shape,”
Reflecting on the conference proceedings, the CJI noted that the focus has not been on fearing change but insisting that core values of justice fairness, independence, dignity, and reason should guide the management of that change.
He acknowledged that while technology can enhance access and democratize information, it cannot replace human judgment. Thus, the challenge is to neither resist nor blindly surrender to technology, but to regulate it so that innovation serves justice rather than dominating it.
Justice AHM Dilip Nawas of the Supreme Court of Sri Lanka and Chief Justice Shree Chandrashekhar of the Bombay High Court were also in attendance.
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