Justice Surya Kant, the senior-most Supreme Court judge, stressed that the judiciary must evolve and innovate to effectively tackle modern challenges like digital exclusion, climate change, displacement, and transnational migration, warning that failure to do so could limit its true potential.
Senior most Supreme Court Justice Surya Kant emphasized that the judiciary must adapt and innovate to address emerging challenges such as digital exclusion, displacement, climate change, and transnational migration. Failing to do so risks the judiciary becoming a mere shadow of its potential.
Justice Kant, who also serves as the executive chairman of the National Legal Services Authority (NALSA), delivered the Inaugural BASL Human Rights Oration in Colombo, focusing on “Strengthening a Legal Aid System to Achieve Human Rights of Marginalised and Minorities: The Indian Case Study.”
He referred to justice as a living promise and stated,
“The story of India’s legal-aid movement is, at its heart, the story of a democracy’s conscience. It is proof that even in a vast and complex society, justice can be made real when vision is matched by institutional will.”
He urged that this narrative is ongoing, as new obstacles arise,
“As new challenges emerge, such as digital exclusion, displacement, climate vulnerability and transnational migration, our task is to innovate further, to modernise outreach and to deepen inclusion. Justice must evolve with society, or it risks becoming its shadow.”
Justice Kant highlighted India’s journey from ancient concepts of “dharma” to the contemporary framework of NALSA, reflecting a steadfast belief in human dignity and a commitment to ensuring justice reaches the most marginalized.
He noted,
“Justice must reach the last person first. Each time a prisoner regains freedom through a legal-aid petition, each time a widow receives her pension after years of neglect and every time a child in conflict with the law is guided towards reform instead of retribution the Constitution’s promise breathes anew,”
He pointed out that India’s experience should not be seen as a model for replication by Sri Lanka or other Commonwealth countries but rather as an inspirational vision.
He remarked,
“The belief that every person, regardless of wealth or status, is entitled to the full protection of the law is not merely Indian, it is universal. But India’s experience affirms that institutionalising that belief making it work in practice, every day, for millions is possible and imperative.”
Justice Kant stressed the importance of each nation developing its own legal system based on local contexts while being motivated by a common belief in legal aid as the first line of defense against the erosion of human rights.
“When justice becomes truly accessible when every citizen, regardless of means, can stand tall before the law then, and only then, can we say that freedom has fulfilled its true purpose.”
He concluded by stating,
“Justice, after all, is not a destination. It is a journey a collective journey of nations, institutions and hearts. And in that journey, India stands ready, not only as a participant, but as a partner and pioneer, committed to ensuring that the light of human rights shines undimmed across our world.”
Justice Kant characterized access to justice as “not a privilege of the powerful, but a sacred duty of the State and society alike.”
He emphasized that the quest for justice for the underprivileged in India surpasses mere legal obligations and serves as a measure of collective conscience. The Indian legal-aid framework aims to ensure that no citizen is denied justice due to poverty or social disadvantage.
He cited the judiciary’s proactive role in enhancing constitutional protections through landmark cases, such as Hussainara Khatoon Vs State of Bihar, which affirmed the right to free legal representation as part of the right to life.
Justice Kant remarked,
“These judgments transformed ideals into living realities, converting the right to legal aid into a cornerstone of India’s democratic fabric,”
Detailing India’s institutional mechanisms, he described the extensive reach of NALSA, established under the Legal Services Authorities Act, 1987. With 37 state legal services authorities, 709 district authorities, over 2,000 taluka committees, and more than 50,000 trained paralegal volunteers, India has one of the largest legal-aid networks in the world.
He also highlighted the increasing role of young lawyers and law students in India’s legal-aid ecosystem through initiatives like legal-aid clinics, paralegal training, and the Panel Lawyer system, which currently includes more than 34,000 lawyers.
Emphasizing that this generational commitment ensures that the Constitution’s promise breathes anew every time a citizen’s rights are restored, Justice Kant remarked,
“India’s youth have embraced legal aid not as charity, but as responsibility,”