Indian Courts are Living Instruments of Justice: SC Judge Surya Kant

Valletta (Malta): Highlighting the dynamic and humane role of the Indian judiciary, Supreme Court Judge Surya Kant, also the Chief Patron of the Commonwealth Legal Education Association, emphasized that courts in India interpret the law not as a “cold command,” but as a living instrument of justice. He was speaking at the Commonwealth Conference attended by legal representatives from 13 countries.

Justice Kant, who is in line to become the Chief Justice of India, said Indian courts have upheld constitutional morality through progressive legal interpretations and transformative adjudication, ensuring that the law evolves with society’s changing values and needs.

“A foundational feature of the Constitution’s Basic Structure is ensuring basic human rights and guiding judicial action,” he said, underlining that the Indian Supreme Court has contributed significantly to progressive jurisprudence in areas such as human rights, freedom of speech, equality, prisoners’ rights, and the right to life.

Expanding Environmental Jurisprudence

Highlighting the Supreme Court’s leadership in environmental protection, Justice Kant said the judiciary has expanded environmental jurisprudence to uphold the right to a clean and healthy environment, rooted in both Article 21 of the Constitution and India’s ancient traditions.

“The Indian Supreme Court recognized the right to a healthy environment as part of the right to life,” he affirmed, showcasing how constitutional interpretation is aligned with ecological and cultural values.

Championing Gender Equality and Social Justice

On gender equality, Justice Kant highlighted the Court’s efforts to eliminate gender-based exclusion in employment, labelling such practices as regressive.

“The Court has been at the forefront of safeguarding women’s rights,” he said, citing landmark rulings including the striking down of instant triple talaq and affirming maintenance rights for divorced women.

He reiterated the Supreme Court’s role in creating a just and inclusive legal framework that protects marginalized communities and upholds fundamental rights.

Call for Global Consensus and Dialogue

Touching upon global legal cooperation, Justice Kant said consensus is vital to confronting shared global challenges. Quoting Mahatma Gandhi, he called for open dialogue, empathy, and understanding of diverse perspectives as essential components of consensus-building.

“Organizations like the Commonwealth play a vital role in fostering dialogue and consensus among nations with diverse political histories,” he noted.