Justice Surya Kant officially assumed the role of India's 53rd Chief Justice on Monday in a significant ceremony at Rashtrapati Bhawan. President Droupadi Murmu administered the oath of office to Justice Kant, who will serve as the head of the Indian judiciary until February 9, 2027.
The newly appointed CJI takes over from Justice B R Gavai, who concluded his tenure on November 23 after serving for approximately six months. Justice Kant brings with him a distinguished career marked by presiding over cases across diverse legal domains including constitutional law, social justice, electoral integrity, and governance matters.
Defining Judicial Pronouncements
Throughout his tenure as a Supreme Court judge, Justice Surya Kant delivered several noteworthy observations that captured public attention and reflected his judicial philosophy. These remarks provide insight into the approach he brings to his new role as Chief Justice of India.
1. Questioning Religious Practices
While hearing a challenge to Talaq-e-Hasan, a form of divorce practiced within certain Muslim communities, Justice Kant posed powerful questions that resonated widely. "What kind of a thing is this? How are you promoting this in 2025?" he questioned, expressing concern about whether such practices uphold women's dignity in a civilized society. This case may be referred to a five-judge Constitution bench.
2. Cracking Down on Digital Fraud
Addressing the alarming issue of "digital arrest" scams, Justice Kant revealed the massive scale of fraud amounting to ₹3,000 crore collected from Indian victims alone. He promised to tackle this growing menace with an "iron hand," highlighting the extensive suffering caused by such cybercrimes at both national and global levels.
3. Balancing Fundamental Rights
In a case involving stand-up comedian Samay Raina's allegedly insensitive jokes about persons with disabilities, Justice Kant emphasized that "Article 21 must prevail if any competition takes place" between fundamental rights. He clarified that the right to dignity emanates from the rights others claim, establishing a hierarchy where Article 21 (right to life and personal liberty) takes precedence over Article 19 (freedom of speech).
Judicial Philosophy and Constitutional Vision
4. Caution Against Judicial Overreach
Speaking at Asia Society Northern California in San Francisco during June, Justice Kant articulated his vision of judicial restraint. He emphasized that "the exercise of judicial power must be tempered by humility and guided by constitutional boundaries," warning against courts supplanting the legislature's role or overriding the people's will.
5. Defending Collegium System
At Seattle University during the same international visit, Justice Kant defended the Collegium system, noting that it "significantly limits interference by the Executive and Legislature" while preserving judicial autonomy. He highlighted how this insulation protects judges from external pressures that could compromise their impartiality.
6. Critical View on Reservation Politics
Justice Kant's strong comments on reservation policies came during a November case concerning OBC reservation in Maharashtra's local body elections. He compared the reservation system to a railway where "those who have entered the bogie, they don't want anyone else to enter," pointing to the complex dynamics surrounding affirmative action policies.
7. Climate Justice and India's Position
In July 2024, Justice Kant defended India's position as a developing economy in climate change discussions. He noted that "India and other developing countries disproportionately bear the brunt of taking the blame for environmental damage" while wrongdoers often escape scrutiny, advocating for a more balanced approach to climate responsibility.
Practical Judicial Reforms and Vision
8. Emphasizing Timely Justice Delivery
Justice Kant took exception to the non-pronouncement of judgments by courts during a July hearing involving convicts from Jharkhand. He stressed that "people need judgments, they are not concerned about jurisprudence" and urged courts to deliver reasoned orders promptly, whether granting or denying relief.
9. Judiciary's Role in Strengthening Democracy
During an October address at the Sri Lankan Supreme Court on 'The Living Constitution,' Justice Kant outlined how courts deepen democracy by "acting to empower the powerless, grounded in constitutional text and moral clarity." He emphasized the judiciary's role in safeguarding constitutionalism and democratic values.
10. Technology as a Justice Enabler
In August, Justice Kant highlighted technology's transformative potential in the justice system. He noted that with proper vision and safeguards, technology can "break geographical barriers, democratise legal awareness, and bring legal aid to the doorstep or rather the palm of every citizen," while bridging persistent gaps in justice delivery.
These comprehensive remarks and judicial observations demonstrate CJI Surya Kant's commitment to constitutional ideals, balancing rights with duties, protecting vulnerable populations, and enhancing judicial accountability and accessibility. His approach combines judicial restraint with proactive protection of fundamental rights, setting the tone for his leadership of India's highest court.
