Justice Surya Kant reaffirms that the collegium system is vital to preserving the independence of India’s judiciary and maintaining the balance of power among the legislature, executive, and judiciary, calling it the soul of constitutional democracy.
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In reaffirmation of the judiciary’s role as the guardian of constitutional values, Supreme Court Justice Surya Kant emphasized that the collegium system remains central to maintaining the independence of the Indian judiciary and preserving the balance among the three branches of government.
Justice Kant’s remarks come amid ongoing debates about the collegium’s authority, especially after the recent controversy involving the transfer of a Madhya Pradesh High Court judge to the Allahabad High Court at the “request” of the Centre, which the Supreme Court collegium viewed as an intrusion into its functioning.
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Speaking at an event titled “The Living Constitution: How the Indian Judiciary Shapes and Safeguards Constitutionalism” at the Supreme Court of Sri Lanka, Justice Kant said the Indian judiciary serves as a living example of the doctrine of separation of powers in practice.
“A prominent example lies in the judiciary’s dominance over appointments to the Supreme Court and High Courts. The existing mechanism serves to substantially preserve the judiciary’s autonomy, both inside the courtroom as well as outside of it,”
he stated.
He underscored that the framework of the collegium system was not a later innovation but an inherent part of the original constitutional design. According to him, the framers of the Constitution ensured protections that prevent any other organ of the State from encroaching upon judicial independence—particularly regarding judges’ salaries, privileges, and transfers
Justice Kant noted that the judiciary’s role extends beyond the mere resolution of disputes. Its independence empowers it to act as a custodian of democratic values and an architect of democratic life.
“This enduring commitment to independence enables the Indian judiciary to do more than simply resolve disputes or defend constitutional boundaries. It allows courts to function as architects of democratic life,”
he remarked.
He also observed that the judiciary’s legitimacy is not rooted in coercive power but in public trust — a trust that must be continuously earned through fairness, restraint, and courage, especially in times of crisis.
Describing judicial review as the “heartbeat” of India’s constitutional democracy, Justice Kant highlighted Articles 32 and 226 of the Constitution as the twin pillars ensuring the enforcement of fundamental rights and constitutional norms.
“Judicial review is not merely a procedural safeguard. It is a structural commitment to accountability, legality, and the supremacy of constitutional norms,”
he explained.
Through these provisions, the judiciary holds the power to check excesses of authority, ensuring that every action of the State remains within the constitutional framework.
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Justice Kant also reflected on the shared constitutional values between India and Sri Lanka, emphasizing that in both contexts, the judiciary acts not as a rival to the legislature or executive, but as their conscience keeper.
The event, attended by Sri Lankan Chief Justice P. Padman Surasena and other dignitaries, celebrated the enduring role of courts in upholding constitutionalism and democracy across South Asia.
Concluding his address, Justice Surya Kant reminded that the survival of constitutional democracy depends not only on judicial integrity but also on collective vigilance by all institutions and citizens.