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Swadeshi Jurisprudence Over Foreign Laws: Next CJI Surya Kant Calls for Strongly Rooted Indian Legal System

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CJI-designate Justice Surya Kant urged Indian courts to rely on Swadeshi jurisprudence instead of foreign rulings, stressing the need for a home-grown legal framework. He said Indian judgments must reflect the nation’s constitutional values and judicial maturity.

Swadeshi Jurisprudence Over Foreign Laws: Next CJI Surya Kant Calls for Strongly Rooted Indian Legal System
Swadeshi Jurisprudence Over Foreign Laws: Next CJI Surya Kant Calls for Strongly Rooted Indian Legal System

Chief Justice of India-designate Justice Surya Kant, who will take oath on Monday as the country’s top judicial authority, has strongly stressed the need for India to develop its own legal system based on Indian values and traditions.

He said that the Indian judiciary should move away from heavy dependence on foreign judgments and focus more on what he described as ‘Swadeshi jurisprudence’, which reflects India’s own constitutional and social realities.

During an informal interaction with journalists on Saturday, ahead of his swearing-in ceremony, Justice Surya Kant explained why he feels this shift is important.

He said,

“Why, after 75 years of Supreme Court benches delivering judgments and evolving legal principles, should we still depend on rulings from other countries? That is why there is a need to emphasise Swadeshi jurisprudence,”

Justice Surya Kant said, echoing the position earlier articulated by his predecessor, Justice BR Gavai.

He clarified that promoting Indian legal thought does not mean rejecting global ideas. In response to a question from India Today regarding the presence of foreign judges and chief justices who will attend his oath ceremony, Justice Kant highlighted the global respect India’s judiciary enjoys.

He said that India’s courts are widely recognised and their rulings are often cited by other nations.

He further explained that cooperation with foreign judiciaries is based on mutual learning and respect, and that such engagement strengthens the Indian legal system while preserving its core identity.

Justice Surya Kant also spoke about the upcoming Constitution Day celebrations, which fall two days after his oath-taking. Judges and legal representatives from countries like Sri Lanka, Nepal, Bhutan, Kenya and others will participate in these events.

These delegations will also be part of legal conferences and discussions aimed at strengthening international judicial cooperation.

Sharing his personal experience, Justice Kant recalled his recent visit to Kenya along with Justice BR Gavai. He explained how India’s judicial framework is being seen as a model by other developing nations.

He said,

“When Justice Gavai and I visited Kenya recently, there was a discussion about their plans to set up a judicial academy. There have also been talks about training their judicial officers in our national and regional judicial academies,”

This reflects India’s growing role in guiding judicial reforms beyond its borders.

The CJI-designate also spoke about modernising the judiciary. He said discussions are ongoing for stronger cooperation in areas like technology use in courts, improving legal aid services for the poor, and strengthening alternative dispute resolution systems such as mediation.

According to him, these steps will help improve access to justice and reduce the burden on courts.

One of the major priorities of his 17-month tenure will be reducing the huge backlog of cases pending across the Supreme Court, High Courts and trial courts. He pointed out that many cases remain stuck for years simply because they are waiting for decisions by Constitution Benches.

Emphasising this concern, he said,

“There are thousands of cases pending in High Courts and trial courts only because the legal question involved is awaiting a Constitution Bench verdict,”

he said, adding that he has already reached out to high courts seeking data and analyses on the reasons behind prolonged pendency.

Justice Surya Kant further highlighted how timely verdicts by higher benches can drastically reduce pendency. Referring to a recent example, he said,

“Recently, a three-judge bench delivered a verdict that disposed of more than 500 pending matters before the Supreme Court. I am now reviewing which of these involve batch petitions or have implications for cases pending before trial courts and High Courts,”

Justice Surya Kant said in response to a question from India Today.

He confirmed that long-pending Constitution Bench matters, especially those involving seven-judge and nine-judge benches, will receive top priority during his tenure.

These decisions are expected to unlock thousands of stalled cases across the country and bring much-needed relief to litigants.

Justice Surya Kant’s approach clearly reflects a vision focused on strengthening India’s legal identity, accelerating justice delivery, and ensuring that the judiciary becomes more efficient, independent and rooted in the nation’s own constitutional philosophy.

His emphasis on Swadeshi jurisprudence, judicial reforms, and speedy disposal of cases marks a significant roadmap for the future of the Indian legal system under his leadership.

Click Here To Read More Reports on Surya Kant

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