Justice Surya Kant said the judiciary is the stabilizing core in India’s diverse democracy, preventing chaos, upholding justice, and representing constitutional values not vote banks as democracy runs deep across every level of the nation.
Supreme Court Justice Surya Kant remarked on Sunday that the judiciary acts as a stabilizing force in a nation as diverse as India, where democracy is deeply embedded at every level.
Justice Kant emphasized that democracy embodies constitutional values rather than merely serving vote banks. It strengthens public trust and ensures that the essence of democracy remains untainted.
Justice Kant stated,
“Democracy like nuclear fusion holds immense generative power but as with any power … it demands principled restraint. The Constitution serves as its containment chamber, shaping and guiding that energy, and it is the judiciary that plays the role of the stabilizing core, ensuring that this power does not fracture into chaos but is channelled in service of constitutional order and justice,”
He was speaking at the inaugural Annual Shri HL Sibal Memorial Lecture at the Punjab and Haryana High Court.
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The event was also attended by High Court Chief Justice Sheel Nagu, Senior Advocate RS Cheema, and Senior Advocate Kapil Sibal, along with Chief Justice Arun Palli of the Jammu & Kashmir and Ladakh High Court and various judges from different high courts.
Justice Kant described HL Sibal as a mentor, a guide, and a cherished friend.
The Supreme Court judge, noting that Sibal was a remarkable figure in the legal field, said,
“His wisdom shaped my thinking, his generosity uplifted me… his presence in my life was a gift,”
Justice Kant highlighted that Sibal practiced across various branches of law with excellence, but electoral matters held a special significance for him.
Justice Kant remarked,
“It is a domain he championed with unmatched conviction and continues to reflect the values he held so dear,”
He noted that Sibal’s strategy in cases involving electoral corruption was to encourage courts to adopt a “very conservative view, a conventional view.”
He added,
“The reason was simple that he wanted that the will and wish of people must be respected by court… merely because there are some allegations against a candidate who has won the election, unless it is found to be the case of hijacking the system or completely misdirecting the voters, his entire contour of argument was that we respect the sentiments, will, and wish of the voters, the electorate,”
In this context, Justice Kant discussed the judiciary’s critical role in elections, emphasizing that the judiciary is essential for protecting free and fair elections in any democracy, as elections are not just procedural formalities.
He stated,
“The elections are foundational to legitimacy and often vulnerable to misuse. The power of judicial review to invalidate tainted elections and disqualify those who engage in electoral malpractices serves not only as a deterrent but as an important mechanism to uphold the integrity of our democratic process,”
Justice Kant further asserted that the judiciary bolsters public trust and ensures that the lifeblood of democracy flows untainted.
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He added,
“As the Supreme Court resolutely observed, the principle of fair and free actions forms an essential part of our Basic Structure. One of the more visionary strides taken by our constitutional courts has been the expansive interpretation of Article 324 empowering the Election Commission to placidly supervise elections, independently and with decorum, while simultaneously securing the foundational freedom and democratic guarantees over to every citizen,”
In his vote of thanks, Kapil Sibal described the annual lecture as a “very emotional moment” for his family. He expressed gratitude to Justice Kant for delivering the inaugural lecture and to Cheema for his inspiration.
Sibal said,
“It is pursuant to our [Sibal and Cheema’s] frequent conversations that I decided to create a corpus with a sizable contribution to hold this annual lecture series and also for outreach events throughout the districts of Punjab and Haryana,”
HL Sibal, born in Lahore, Pakistan, relocated to India after the partition. He practiced law in Lahore, Amritsar, Chandigarh, and Delhi.
Sibal served as the President of the High Court Bar Association and was the Advocate General for both Punjab and Haryana.
He received the ‘Punjab Rattan’ award in 2023 and the Padma Bhushan in 2006. He passed away in 2012 and is remembered for representing notable Urdu writers such as Saadat Hasan Manto and Ismat Chughtai.
He was the father of Senior Advocate Kapil Sibal and former Foreign Secretary Kanwal Sibal.