CJI Surya Kant: Judiciary Upholds Constitution, Not Sides in Disputes

"Judiciary doesn't decide for any side or opposition": CJI Surya Kant says SC is custodian of Constitution

New Delhi, August 13

During an interview with DD News, the CJI described the Constitution as the "greatest power" in the nation, noting that safeguarding and strengthening its basic structure remains the decisive role of the judiciary.

"The judiciary does not decide for any side or opposition; it decides by being dedicated to constitutional values and the protection of the Constitution," CJI Surya Kant asserted during an interview.

"The greatest power in this country is our Constitution. That is why we have called the Constitution supreme, and the fundamental promises made in the Constitution, which include what we talk about as our primary Fundamental Rights - equality, dignity, rule of law, democratic values, an independent judiciary is included in it. Protecting and strengthening this basic constitutional structure - in all this, the Indian judiciary has a decisive role. And the judiciary has to remain committed to that role," he said.

He shared his belief that the basic structure of the Constitution will "remain the same " despite changes in the country's circumstances. "It cannot be changed; we must strengthen it with the same respect and honour," said the CJI.

Addressing ongoing debates surrounding judicial activism and impartiality, the CJI explained that judicial intervention for marginalised and vulnerable sections of the country is a core constitutional duty.

He highlighted that a large portion of the country's population is "socially and economically backward" and they are "not in a position to easily approach the court for their legal rights, for their constitutional rights."

The CJI stressed that public interest litigation (PIL) and suo motu cases are vital tools to protect rights for those who cannot easily approach the courts.

"So, many times, for such community rights, for people's rights, for social rights, and for their constitutional rights, it is our responsibility-either by the court acting on its own or when someone comes as a representative of the public to take steps through Public Interest Litigation, sometimes through suo motu action, or in any other form. Protecting those rights is our constitutional responsibility. People label that responsibility as judicial activism," he said.

Explaining how these situations differ from traditional two-party cases, he said, "The only essence of that activism is that, instead of the traditional method of hearing cases between two parties, an individual comes forward who doesn't seek any personal right but brings before us the deprivation of a right belonging to the public or a significant segment of society."

Highlighting the significance of judicial activism, he said that "through that medium, we restore that right to the people who are not directly before us but have come to us through a representative. Therefore, judicial activism should not be perceived otherwise. It is an integral part of our legal and constitutional responsibility."

CJI Surya Kant also highlighted a focus on docket management and reducing case pendency.

"When I assumed office as the Chief Justice of India, I stated that my priority would not just be limited to administrative achievements. There are many other fields in which we need to work and achieve success. Among them, regarding the pending cases in the country, we resolved to take special action. We formulated a smooth plan for case management--what is called docket management in the court," he said.

He noted that the formation of constitutional benches and the grouping of cases in some cases have helped streamline judicial delivery in the Supreme Court, High Courts and District Courts.

"Furthermore, some cases are extremely sensitive or crucial, having a massive impact on the country and various courts, due to which thousands of cases remain pending. We first decided to adjudicate those matters. In accordance with that decision, constitutional benches were formed, and many matters were grouped together to identify cases that, if handled as a group, could help clear the pendency of the Supreme Court," he said.

"Thus, by taking many such decisions, we addressed not only the pendency in the Supreme Court but also played a decisive, grassroots role in High Courts and District Courts through various reforms," he added.

Elevated as a Judge of the Supreme Court of India on May 24, 2019, CJI Surya Kant was sworn in as the Chief Justice of India on November 24, 2025.

— ANI