By Sanjay Raman Sinha
On the 76th Constitution Day, Chief Justice of India (CJI) Surya Kant unveiled yet another dimension of his judicial philosophy—one rooted in India’s evolving social realities and committed to an equitable, inclusive jurisprudence. His address outlined a future in which India’s justice system speaks in a unified voice while remaining firmly grounded in indigenous legal thought.
At the heart of his speech was a call for a uniform national judicial policy—an institutional architecture designed to ensure coherence across the country’s multi-tiered judicial structure. “One constructive way forward,” he emphasized, “can be the evolution of a uniform, national judicial policy—an institutional framework that encourages coherence across jurisdictions so that our courts speak with clarity and consistency.”
With 25 High Courts and multiple Supreme Court benches, the risk of contradictory rulings is real and recurring. CJI Surya Kant’s proposal seeks to counter this by building stronger internal mechanisms, more rigorous training and reorientation for judges, and careful curation of binding precedents. His approach signals a systemic reset, particularly in how lower courts engage with established constitutional principles. Over the years, the Supreme Court has repeatedly reprimanded some High Courts and lower courts for ignoring precedents or issuing “whimsical orders.” CJI Surya Kant clearly intends to correct this drift.
A major pillar of his vision is the reaffirmation of access to justice as the “Constitutional North Star”. As patron-in-chief of NALSA, the CJI is keen to fortify the institution’s mission of ensuring that justice is not a privilege for the few, but a right for all—especially the underserved, rural, and marginalized. He acknowledges that the justice delivery system remains burdened by high costs, language barriers, distances, and delays. Addressing these, he advocates expanding Alternative Dispute Resolution (ADR) mechanisms—mediation, arbitration, and negotiation—and harnessing technology to knit together courts, ADR institutions, and citizens. “This synergy among courts, ADR, and mediation is, in my view, where India’s judicial future truly lies, and technology is the connective tissue that binds this vision together,” he asserted. The e-courts project, then, becomes central to his reformist blueprint.
Justice Surya Kant has also been an early proponent of swadeshi Jurisprudence—a jurisprudence that reflects India’s historical legal culture and contemporary realities. Recent legislative reforms, including the replacement of the colonial-era IPC, CrPC, and Evidence Act with the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam, mark the beginning of this shift. Whether swadeshi jurisprudence also requires a reduced reliance on foreign precedents—an issue currently generating debate—will ultimately be shaped by how the judiciary interprets this new approach.
However, the most formidable barrier to true swadeshi jurisprudence remains language. Article 348 mandates English as the language of High Courts and the Supreme Court, effectively excluding millions from meaningful legal participation. While some High Courts in states like Rajasthan, Uttar Pradesh, Madhya Pradesh, and Bihar are moving towards permitting regional languages—with the governor’s assent—the journey towards full vernacularization is long. The Bar Council of India’s “Bharatiya Bhasha Samiti,” chaired by former CJI SA Bobde, is an important step in building a common core legal vocabulary for Indian languages.
Justice Surya Kant’s vision of swadeshi jurisprudence must begin in law schools. The curricula should include classical Indian texts—such as the Arthashastra—to provide students with a deeper understanding of indigenous jurisprudential traditions and their modern relevance. Yet, the challenge remains: how to adopt swadeshi jurisprudence without isolating India from global legal practices.
Ultimately, Justice Surya Kant’s vision is not about retreating from the world, but about ensuring that Indian jurisprudence is confident, coherent, and rooted. Bringing all judicial tiers onto the same page—intellectually, structurally, and linguistically— will be essential to the success of this ambitious agenda.
CJI SURYA KANT’S CAREER GRAPH
Born on February 10, 1962, in Petwar, District Hisar.
Father was a Sanskrit teacher.
Bachelor of Laws (LL.B.) from Maharishi Dayanand University, Rohtak (1984).
Master of Laws (LL.M.) from Kurukshetra University (2011) with First Class First.
Started legal career at district court in Hisar (1984).
Shifted to Punjab and Haryana High Court in Chandigarh (1985).
Specialized in constitutional, service, and civil matters.
Appointed as Advocate General of Haryana in July 2000 (at the age of 38).
Elevated as permanent judge of Punjab and Haryana High Court on January 9, 2004.
Served as chief justice of Himachal Pradesh High Court.
Elevated to the Supreme Court on May 24, 2019.
Appointed as the Executive Chairman of the NALSA on May 14, 2025.
Assumed chief justice of India office on November 24, 2025.
Due to retire on February 9, 2027.
JUSTICE SURYA KANT: NOTEWORTHY REMARKS AND OBSERVATIONS
The new Chief Justice of India Surya Kant’s commitment to values of equity, fairness and constitutional morality often gets reflected in his words. India Legal brings a snapshot of his comments capturing his core commitments:
“Legal aid is not mere legal charity—it is constitutional oxygen, essential for democracy’s survival.”
“Indian courts don’t interpret the law as a cold command, but as a living instrument of justice.”
“The judge’s discernment, the advocate’s reasoning, the litigant’s dignity, and the empathy that animates every fair trial—these are the living fibres of justice that no machine can replicate.”
“If the courts are regarded as the sentinels of the Constitution, then the members of the Bar are the torchbearers—who illuminate our path…”
“The notion of ‘access to justice’ is not an abstract ideal, rather a sapient right that must be continuously nurtured…”
“When mediation becomes culture, courts become sanctuaries of last resort rather than first response…”
“A founding feature of the Constitution’s basic structure is ensuring basic human rights and guiding judicial action.”
“To those whose dedication falls short, I have a simple request—before you rest your head on your pillow each night, ask yourself… Have I repaid society for the trust placed in me?”
“Ethical courage is not a liability, but the greatest asset a lawyer can possess.”
“It is not freedom of speech that causes harm… it is the misuse of that freedom and the inefficiency of our remedies that causes it.”
“…The State cannot get a free pass under the guise of national security.”
“Humour is an art… Using filthy language is not talent. Talent is using ordinary words to produce humour.”
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