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From Article 370 to Gender Equality: Justice Surya Kant Set to Take Oath as India’s 53rd CJI

Justice Surya Kant, known for his landmark rulings on Article 370, sedition law, and gender equality, is set to take oath as India’s 53rd Chief Justice, bringing constitutional depth and social sensitivity to the nation’s top court.

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From Article 370 to Gender Equality: Justice Surya Kant Set to Take Oath as India’s 53rd CJI

NEW DELHI: The Supreme Court of India is set to witness a new post as Justice Surya Kant takes oath as the 53rd Chief Justice of India (CJI) on November 24, 2025. Known for his constitutional clarity, empathy toward social justice, and insistence on institutional accountability, Justice Kant’s elevation marks the rise of a jurist deeply rooted in both principle and pragmatism.

Outgoing Chief Justice B.R. Gavai formally recommended his name to the Centre last week, following the established Memorandum of Procedure for the appointment of the next Chief Justice. Justice Kant, currently 63, will serve a 15-month tenure till February 9, 2027.

Early Life and Education

Born on February 10, 1962, in Petwar village, Hisar district, Haryana, Justice Surya Kant’s journey reflects dedication and perseverance. A graduate of Government Post Graduate College, Hisar, and LL.B. from Maharishi Dayanand University, Rohtak (1984), he later completed his LL.M. from Kurukshetra University in 2011, topping his batch.

He began his legal practice at the Hisar District Courts in 1984, before moving to Chandigarh, where he established a formidable reputation at the Punjab and Haryana High Court. On July 7, 2000, he was appointed the youngest Advocate General of Haryana, and was designated a Senior Advocate in 2001.

He was elevated as a Judge of the Punjab and Haryana High Court on January 9, 2004, later serving as Chief Justice of the Himachal Pradesh High Court (October 2018 – May 2019). His elevation to the Supreme Court of India followed on May 24, 2019.

Landmark Judgments

Over his two-decade judicial career, Justice Surya Kant has authored and contributed to numerous landmark rulings that have shaped India’s constitutional and social landscape.

1. Article 370 and Federal Balance

Justice Kant was part of the Constitution Bench that upheld the abrogation of Article 370, a judgment with historic implications for Jammu & Kashmir’s constitutional status.

2. Sedition Law Put in Abeyance

In 2022, his bench suspended the operation of Section 124A (sedition) of the Indian Penal Code, directing that no new cases be registered until the Centre completed its review. The move was hailed as a landmark in safeguarding civil liberties.

3. Pegasus Spyware Case

Justice Kant was instrumental in ruling that the state cannot use “national security” as a shield to avoid judicial scrutiny, ensuring transparency and accountability in surveillance matters.

4. Gender Equality in Legal Institutions

In a historic judgment, his bench directed that one-third of seats in bar associations, including the Supreme Court Bar Association, be reserved for women — a major step toward gender parity in the legal profession.

5. Freedom of Speech and Digital Responsibility

Justice Kant has taken a balanced approach to free expression, defending liberty while stressing responsibility. He cautioned public figures and influencers about derogatory content and directed the Centre to draft guidelines for digital platforms.

6. Corruption and Accountability

Describing corruption as a “serious societal threat,” he ordered a CBI probe into fraudulent builder-bank dealings and granted bail to Arvind Kejriwal in the excise policy case, remarking that investigative agencies must not become “caged parrots.”

Justice Kant’s compassion has often extended to marginalized and under-recognized communities. His bench ordered the government to frame protections for domestic workers, emphasizing their exploitation and lack of legal safeguards.

In Jitendra Singh v. Ministry of Environment, he upheld citizens’ rights to clean air and water, ruling that destruction of ponds and green areas violates Article 21 of the Constitution — the right to life.

He also reinstated a woman sarpanch illegally removed from office due to gender bias, furthering the cause of women’s political empowerment.

Recent High-Profile Cases

Justice Surya Kant has often reflected on the judiciary’s evolving role in democracy:

“Courts deepen democracy when they act to empower the powerless, grounded in constitutional text and moral clarity.”

In speeches at Seattle University and the Supreme Court of Sri Lanka, he defended the collegium system as essential to preserving judicial autonomy and highlighted the need for inclusive use of technology in the justice system

“The heart of justice must remain human,”

he said.

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