Justice Surya Kant takes oath as India’s 53rd CJI on Nov 24, set to oversee major cases on elections, cyber law, sedition, and refugee rights. His long tenure promises landmark judgments on key legal and social issues.
Justice Surya Kant is all set to take oath as the 53rd Chief Justice of India on November 24. He will succeed the current CJI B R Gavai, who is retiring, and Justice Kant is expected to remain in office until February 9, 2027.
His tenure will be relatively long, giving him and his bench enough time to deal with several important constitutional, social, and legal matters.
Justice Kant has already been part of many significant decisions as a Supreme Court judge, and now as Chief Justice, he will oversee critical cases ranging from constitutional law, cyber law, criminal justice, to electoral matters.
Recently, on November 21, a bench led by Justice Kant issued notice on the Kerala government’s plea to postpone the Special Intensive Revision (SIR) of electoral rolls.
The Kerala government requested to defer the exercise, which is already in progress, until the local body elections scheduled next month are completed. The bench will hear the case again on November 26 under the leadership of the new Chief Justice.
Earlier, in July, the same bench had addressed a similar SIR matter in Bihar, saying that the Election Commission could continue using Aadhaar and voter cards for the process. The bench also told petitioners,
“the Court can always step in and strike it down if there is any illegality.”
On November 19, Justice Kant was part of a three-judge bench hearing a public interest litigation filed by journalist Benazeer Heena challenging the constitutional validity of Talaq-e-Hasan, a type of divorce practiced in some sections of the Muslim community.
The bench observed that the case might require a reference to a five-judge Constitution bench. It directed the parties to submit a brief note explaining the substantial legal questions that may arise.
Justice Kant stated,
“Give us broadly the questions that may arise. Thereafter, we will examine whether those are predominantly legal in nature and require adjudication by a larger bench,”
and the case was posted for November 26.
In September, Justice Kant’s three-judge bench allowed the Central Bureau of Investigation (CBI) to register six more cases, in addition to 22 existing ones, related to alleged collusion between banks and real estate developers, which cheated homebuyers.
Over 1,200 homebuyers had filed petitions regarding subvention schemes in housing projects in NCR, including Noida, Greater Noida, and Gurugram.
They complained that banks were forcing them to pay EMIs even though they had not received possession of their flats. The CBI is now investigating projects across NCR, Mumbai, Bengaluru, Kolkata, Mohali, and Allahabad.
Justice Kant will also hear matters related to regulating social media content. One case involves a petition against stand-up comedian Samay Raina over allegedly insensitive jokes about persons with disabilities.
Another controversy involved YouTuber Ranveer Allahbadia for allegedly objectionable remarks on the show ‘India’s Got Latent’. While protecting Allahbadia, Justice Kant said that the words he used would make “parents feel ashamed” and noted the impact on the “entire society.”
He further called it the “pervert mind and the perversion” exhibited by Allahbadia and his “henchmen.” In August, the Supreme Court had asked the central government to submit draft guidelines for regulating social media content.
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Justice Kant has also raised concerns about the non-pronouncement of judgments by High Courts. In August, during a petition filed by four convicts who complained that the Jharkhand High Court delayed giving verdicts on their appeals for two to three years, the Supreme Court sought information from other High Courts as well.
Justice Kant said,
“Just get rid of these cases. People need judgments, they are not concerned about jurisprudence or something else. Give a reasoned order on whether relief is denied or allowed.”
The delay in judgment delivery across High Courts is expected to be addressed under his tenure.
On matters related to Rohingya refugees, in July, a three-judge bench led by Justice Kant agreed to hear cases to decide whether Rohingyas in India are “refugees” or illegal “immigrants,” and whether they can be detained indefinitely.
The Supreme Court was examining petitions regarding deportation and living conditions of Rohingyas, though no date was fixed for the hearings.
Justice Kant has also taken suo motu cognisance of digital fraud cases. A senior citizen couple from Ambala claimed they were cheated of around Rs 1 crore by “digital arrest” fraudsters who used fake orders of the Supreme Court, Bombay High Court, and Enforcement Directorate to threaten them.
The Supreme Court directed the CBI to investigate such cases and on October 27, Justice Kant’s bench issued notices to all states and union territories seeking information about FIRs filed in these digital arrest cases, recognizing the rising number of cybercrimes in India.
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In May 2022, Justice Kant’s bench put all sedition cases pending across the country on hold, asking the government to re-examine Section 124A of the Indian Penal Code.
The constitutional validity of the sedition law is now under government review, and the matter will come before Chief Justice Kant for further hearing.
Justice Surya Kant began his legal practice in Hisar in 1985. He became a permanent judge of the Punjab and Haryana High Court on January 9, 2004, served as Chief Justice of the Himachal Pradesh High Court from October 5, 2018, and was elevated to the Supreme Court on May 24, 2019.
His upcoming tenure as CJI is expected to shape the judicial landscape with his extensive experience and long tenure.
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