In his first remarks after taking oath as the 53rd Chief Justice of India, Justice Surya Kant has emphasized the crucial importance of freedom of speech while calling for a balanced approach that ensures responsibility in public discourse.
Valued Rights Require Responsible Exercise
The newly appointed Chief Justice, who hails from Haryana and is the first from his state to hold this prestigious position, stated that the right to freedom of speech and expression "is doubtless one of our most valued rights" that requires further strengthening. However, he simultaneously emphasized the necessity for a framework that guarantees responsibility, accuracy, and respect in how this freedom is exercised.
Justice Kant made these significant observations while speaking to Times of India on Monday, shortly after assuming his new role as the head of India's judiciary. He clearly distinguished between the freedom itself and its potential misuse, noting that "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."
Constitutional Balance Between Rights and Duties
The Chief Justice elaborated on the intrinsic connection between rights and duties within the constitutional framework. He stressed that the right to free speech comes with an equally important obligation - the responsibility to exercise it in a manner that aligns with a citizen's fundamental duties.
"The Constitution envisions not just a free society, but a respectful and harmonious one," Justice Kant explained. "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, former CJI B R Gavai, echoed similar sentiments, affirming that the right to free speech has always been 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," Gavai stated.
Addressing Contemporary Challenges
When questioned about whether the existing legal mechanism provides adequate remedies against abusive or hate speeches, the outgoing CJI expressed his view that a regulatory mechanism needs to be established to address this issue, while acknowledging that this decision ultimately rests with Parliament.
The Chief Justice also addressed concerns about social media distortions and their impact on judicial proceedings. When asked whether selective reporting on social media platforms deters judges from posing probing questions or criticizing litigants' actions, Justice Kant acknowledged that such incidents, which have proliferated in recent years, "makes us more cautious in expression, but it must not deter us from asking probing questions necessary for delivering justice."
He had previously told media on Saturday that he does not feel pressured by social media commentary, reinforcing his commitment to judicial independence.
Equal Justice for All
Responding to questions about potential preferential treatment for wealthy or influential litigants represented by renowned senior advocates, the Chief Justice firmly stated that "the guiding principle of all courts in the country, including Supreme Court, is that the justice system must be equal for all regardless of status, profession, or representation."
He elaborated that cases are taken up based on objective criteria including urgency, the 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," Justice Kant asserted, reinforcing the principle of equal access to justice for all citizens.
