By Sanjay Raman Sinha
Chief Justice of India (CJI) Surya Kant has used his first official two-nation overseas visit to place India’s judiciary firmly at the centre of global legal diplomacy. From forging a landmark technology partnership with Russia to championing the universal principles of equality and the Rule of Law in Sweden, the visit underscored India’s growing influence in shaping the future of international justice.
The tour began in Moscow, where the CJI and Chairman of the Supreme Court of the Russian Federation Igor Krasnov signed a landmark Memorandum of Understanding (MoU) to deepen institutional cooperation between the two highest courts.
The agreement seeks to strengthen collaboration through the exchange of legal knowledge, best practices in court administration, judicial education, digital justice and the responsible integration of Artificial Intelligence into judicial systems, while reaffirming the shared commitment of both countries to the Rule of Law.
The MoU provides for exchange visits, short- and long-term judicial training programmes, joint seminars and conferences, and the creation of a Joint Working Group to oversee sustained collaboration in technology, innovation and institutional capacity building.
For India, the partnership complements the ongoing e-Courts Mission, which is transforming judicial administration through digitisation. Access to Russian experiences and comparative technological practices is expected to strengthen India’s own digital justice ecosystem and accelerate the adoption of globally accepted best practices.
The agreement also carries significant commercial implications. India-Russia bilateral trade has surged to nearly US$68.7 billion, creating a parallel increase in cross-border civil and commercial disputes. Enhanced judicial cooperation is expected to facilitate smoother legal processes, reduce litigation costs and delays, and promote mediation and institutional dialogue in resolving disputes.
The partnership is particularly relevant as both countries face enormous judicial caseloads while simultaneously modernising court infrastructure and exploring AI-enabled judicial administration. Technology exchange and institutional cooperation are expected to improve efficiency without compromising fairness and access to justice.
Before signing the MoU, the CJI addressed the XIV St Petersburg International Legal Forum on the theme: “Equal Justice, Equal Law: Access as the Measure of International Law’s Humanity”. His message was unequivocal: equality is the true foundation of legality.
“The real measure of international law,” he argued, “is not the number of treaties or institutions it creates, but whether every sovereign State—and every individual within it—can meaningfully access justice and obtain an effective remedy”.
The intervention resonated strongly against the backdrop of ongoing conflicts in Ukraine and West Asia, where allegations of grave violations of international law continue to test the credibility of global institutions.
Drawing upon India’s constitutional experience, the CJI highlighted how expanded legal aid, simplified judicial procedures and constitutional remedies have widened access to justice for millions across social and economic barriers.
He also questioned the uneven application of international norms, observing that countries of the Global South often face disproportionate scrutiny while continuing to build democratic institutions under the enduring burdens of colonialism and poverty. His remarks echoed India’s longstanding call for a more balanced and non-partisan international legal order.
A strong advocate of indigenous legal thought, the CJI reminded the audience that the philosophy of equality predates the Magna Carta in the Indian tradition. Citing Kautilya’s Arthashastra, he observed that a ruler who abandons dharma and the rule of law ceases to be a legitimate ruler.
At a time when geopolitical rivalries increasingly shape global affairs, the CJI’s judicial diplomacy reflected India’s broader aspiration for an international order governed by law rather than power—one where fairness, institutional cooperation and equal access to justice remain the defining principles.
Rule of law is democracy’s strongest safeguard
During the second leg of his tour in Stockholm, the capital of Sweden, Chief Justice Surya Kant reinforced another cornerstone of constitutional democracy—the Rule of Law.
Delivering the keynote address at the International IDEA event, “Safeguarding the Rule of Law – Experiences from India and Sweden,” he described the Rule of Law as the essential discipline on governmental power, ensuring equality before law while preventing arbitrary state action.
Returning to Sweden a year after speaking on human rights, the CJI traced India’s constitutional evolution from Independence to the adoption of the world’s lengthiest written Constitution, calling it a “tessellation of rights” designed to overcome the inequalities inherited from colonial rule.
He emphasised that judicial review is not merely a constitutional power, but a constitutional obligation.
“Courts cannot be spectators,” he said, pointing to Articles 32 and 226 as the constitutional mechanisms through which citizens can seek protection of fundamental rights.
Rejecting the notion that judicial independence is a Western construct, the CJI invoked ancient Indian jurisprudence, recalling the story of King Prahlada, who upheld dharma above familial loyalty. Justice, he said, survives only when judges remain insulated from external pressure.
The CJI also revisited several landmark constitutional decisions—from Kesavananda Bharati and SR Bommai to SP Gupta, Hussainara Khatoon, Maneka Gandhi and MC Mehta—to illustrate how Indian constitutional jurisprudence has progressively expanded individual liberty, environmental protection and access to justice.
Yet, he cautioned that judicial power must be exercised with restraint.
“The Court does not function as a super-executive,” he observed, adding that the judiciary demonstrates its greatest constitutional strength when it knows that restraint and institutional deference are themselves expressions of constitutional fidelity.
His address presented Indian judicial activism not as an imported doctrine, but as a tradition deeply rooted in the country’s own civilisational understanding of dharma, while reaffirming the delicate balance between judicial review and democratic governance.
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