Supreme Court judge Justice Surya Kant said that Indian courts don’t treat the law as just a strict rulebook. He shared that courts also protect constitutional values by giving the law modern and fair meanings. This allows the law to grow along with the changing society. According to him, this reflects the courts’ commitment to both justice and constitutional morality.
New Delhi: Supreme Court Judge Justice Surya Kant, who is also the chief patron of the Commonwealth Legal Education Association, said that Indian courts don’t interpret the law as a cold command but as a living instrument of justice
Justice Kant highlighted that Indian courts uphold constitutional morality through progressive legal interpretations and transformative adjudication, ensuring that the law adapts to societal changes.
He made these remarks during the Commonwealth Conference in Malta, addressing a delegation from 13 countries.
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The judge stated,
“A foundational feature of the Constitution’s Basic Structure is ensuring basic human rights and guiding judicial action,”
As a likely future Chief Justice of India, Justice Kant pointed out that the Supreme Court has made significant strides in progressive jurisprudence concerning human rights, freedom of speech, equality, prisoners’ rights, and the right to life.
Regarding environmental protection, he noted that the Supreme Court has broadened environmental jurisprudence to support the right to a clean and healthy environment, drawing inspiration from India’s ancient traditions and Article 21 of the Constitution.
He further stated that the Indian Supreme Court has recognized the right to a healthy environment as part of the right to life.
On the topic of gender equality in employment, Justice Kant remarked,
“The Court struck down gender-based exclusion in employment, recognizing it as regressive. The court has been at the forefront of safeguarding women’s rights, including striking down instant triple talaq and affirming the right to maintenance for divorced women.”
He also advocated for consensus as a crucial approach to tackling global challenges.
“Consensus is crucial for addressing global challenges and developing equitable solutions. Consensus building requires open dialogue, empathy, and a commitment to understanding different perspectives, as highlighted by Mahatma Gandhi’s quote. Organizations like the Commonwealth play a vital role in fostering dialogue and consensus-building among nations with diverse political histories.”
Justice Surya Kant’s remarks highlight the role of the Indian judiciary as more than just a legal interpreter; it acts as a protector of the Constitution and societal values. By viewing the law as a means to achieve justice rather than merely a strict command, Indian courts play a vital role in reinforcing democracy and safeguarding the rights of every citizen.
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