CJI Surya Kant warns that democracy is weakened not by free speech, but by its misuse. He stresses that dignity and harmony can survive only when citizens balance their rights with fundamental duties.
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NEW DELHI: Justice Surya Kant, the 53rd Chief Justice of India and the first from Haryana, has taken office with a focus on strengthening free speech responsibly, improving judicial processes, and ensuring equality before the law. Speaking to the media shortly after taking the oath, CJI Kant emphasized that the right to freedom of speech and expression is one of India’s most cherished rights. Still, it must be exercised with responsibility, accuracy, and respect.
CJI Kant stressed that while freedom of speech is fundamental, it is the misuse of that freedom and the inefficiency of remedies that can harm reputation and dignity. He said,
“It is not freedom of speech that causes harm to the dignity or reputation, it is the misuse of that freedom and the inefficiency of our remedies that causes it.”
He highlighted the need for a framework that ensures accountability and accuracy in public discourse, aligning speech with citizens’ fundamental duties. He added:
“The Constitution envisions not just a free society, but a respectful and harmonious one. When we forget that duties are intrinsic to rights, we distort the balance that keeps democracy functional and we risk making the Constitution unworkable.”
His predecessor, ex-CJI BR Gavai, shared similar views, noting that:
“Right to free speech is always subject to reasonable restrictions specified in the Constitution. If a person’s speech is in violation of those reasonable restrictions, it falls foul of the fundamental right.”
Regarding regulatory mechanisms for abusive or hate speech, CJI Kant stated:
“I feel there should be a regulatory mechanism that needs to be put in place regarding this. It is for Parliament to take a decision on this issue.”
Justice Kant acknowledged the challenges posed by social media distortions. While such distortions may make judges cautious, they do not compromise the pursuit of justice. He said:
“By and large, judges remain detached from social media, and that is a blessing. We simply do not have time, nor the inclination, to take to heart what is said or circulated about us outside the courtroom.”
He emphasized that the pursuit of truth and justice cannot be diluted by fear of distortion:
“We may weigh our words carefully today, but we cannot allow fear of distortion or dilute the pursuit of truth. Ultimately, justice delivered in accordance with law is the only measure that matters.”
Addressing concerns that influential or wealthy individuals may get preferential treatment, CJI Kant clarified:
“The guiding principle of all courts in the country, including the Supreme Court, is that the justice system must be equal for all regardless of status, profession, or representation.”
He further explained:
“Cases are taken up based on objective criteria such as urgency, nature of rights involved, and the stage of proceedings. Individual stature or resources cannot, do not, and shall never determine priority or even time allotted to such cases.”
He also encouraged junior advocates, saying:
“In my courtroom, many will attest that I regularly encourage junior advocates to argue their cases, irrespective of whether or not their seniors are present.”
Hailing from a family of agriculturists in Petwar, Haryana, Justice Kant shared how farming shaped his approach to law:
“Growing up tilling the family fields taught me patience in the most practical way. Every farmer knows growth can’t be rushed; it needs time, care, and resilience. This lesson early in my life shaped my approach towards law: to handle every case steadily and thoughtfully, listen intently, weigh evidence, and let the process run its course. Justice, like harvest, can’t be forced. It has to be nurtured with consistency and respect for due process.”
Reflecting on his journey, he said:
“Every person who enrolls as an advocate dreams of making a difference. I was no different. The dream of heading the judiciary never crossed my mind as long as I was an advocate. From being a government pleader to advocate general of Haryana to becoming an HC judge, all happened organically.”
CJI Kant outlined his key priorities:
- Reducing backlog through structural improvements in case management, without compromising fairness.
- Ensuring access to justice for marginalized and voiceless citizens, making the judicial system more humane and responsive.
- Promoting speedy yet fair justice, keeping in mind the constitutional goals of equity and accessibility.
He said:
“Once one takes oath, he does not belong to any particular state, he belongs to the entire country. My duty is to every litigant, from every corner of India, to keep intact their hope and trust in the judiciary.”
On the role of PILs, CJI Kant stated:
“PIL has been one of the most significant judicial innovations in our constitutional history, essentially to advance and protect the rights of the poor and voiceless. The guarantees under Article 32 cannot be diluted.”
However, he acknowledged misuse in some cases:
“In some cases, there has been flagrant misuse of PILs which bypass High Courts. Asking such petitioners to move HCs is to ensure that the tiered judicial structure functions effectively.”
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