Chief Justice of India (CJI) Surya Kant has described judicial review as the cornerstone of India's constitutional democracy, affirming that it should not be mistaken for judicial supremacy. Speaking at the International Institute for Democracy and Electoral Assistance (IDEA) conference in Stockholm on Monday, the CJI emphasized that judicial review is a constitutional duty entrusted to courts, not merely a power.
CJI Rejects Western-Centric View of Rule of Law
CJI Kant rejected the notion that the rule of law and judicial independence are Western, post-colonial concepts gifted to the Global South. He argued that in Indian consciousness, the supremacy of Dharma over personal or dynastic power has been an enduring principle for thousands of years, predating the common law tradition. "It is frequently presumed by many academics and legal scholars that the Rule of Law and Judicial Independence are purely Western, post-colonial imports gifted to the Global South," he said. "In the Indian consciousness, institutional integrity and the absolute supremacy of Dharma, which comprises the cosmic, ethical, and legal order, over personal or dynastic power, are ancient principles with roots stretching back thousands of years before the arrival of the common law."
Judicial Review as a Constitutional Duty
The CJI stressed that judicial review is not just a power but a constitutional duty. "It would be no exaggeration to claim that this expansive power of review is a cornerstone of India's constitutional democracy, affirming that legality and constitutionality are fundamental preconditions to the exercise of governmental authority," he stated. He added that the greatest safeguard lies in an independent judiciary, which must remain a vigilant guardian of constitutional supremacy.
Call for Judicial Restraint
Advocating judicial restraint, CJI Kant said, "The rule of law is preserved only when the judiciary honours its own institutional boundaries while holding other branches to theirs." He emphasized the centrality of the rule of law, judicial independence, and constitutional democracy in safeguarding individual liberties. The CJI also noted that India's constitutional experience demonstrates that constitutional values rooted in a diverse democracy have universal relevance.
Conference Theme and Participation
The conference, themed 'Safeguarding the Rule of Law -- Experiences from India and Sweden', was organized by IDEA. The CJI delivered the keynote address, highlighting the shared experiences of India and Sweden in upholding the rule of law. The event brought together legal scholars, judges, and policymakers to discuss the challenges and best practices in maintaining judicial independence and constitutional democracy.
