New Delhi – India’s seniormost Supreme Court judge, Justice Surya Kant, recently emphasized the critical importance of the separation of powers and judicial review in maintaining the nation’s constitutional democracy. Speaking at the Supreme Court of Sri Lanka on ‘The Living Constitution: How the Indian Judiciary Shapes and Safeguards Constitutionalism,’ Justice Kant stated that the separation of powers serves as the very architecture of India’s democratic system, while judicial review acts as its essential heartbeat.
Justice Kant noted that India has consistently upheld the doctrine of separation of powers, citing the judiciary’s significant influence over appointments to the Supreme Court and various high courts as a prime example. This arrangement, he explained, ensures the judiciary’s autonomy, both within and outside the courtroom, allowing it to effectively shape societal democratic values and act as a guardian of democratic life.
He further elaborated that judicial review empowers the Indian judiciary to scrutinize the constitutionality of actions taken by all branches of the state, including constitutional functionaries. This oversight ensures that no governmental action operates beyond judicial scrutiny, reinforcing the principle that legality and constitutionality are fundamental prerequisites for the exercise of public power. “Judicial review, therefore, is not merely a procedural safeguard; it is a structural commitment to accountability, legality and the supremacy of constitutional norms,” Justice Kant added.
The judge also touched upon India’s three-tiered judicial system, comprising district courts, high courts, and the Supreme Court, highlighting it as a testament to the constitutional commitment that justice should be accessible to every citizen, not just the privileged. He underscored the inherent flexibility of the Indian Constitution, which allows it to evolve and adapt over time. This adaptability has led to the emergence of numerous rights through expansive judicial interpretation, including the right to a speedy trial, free legal aid in criminal cases, and even the right to die with dignity.
Justice Kant pointed out that the Supreme Court’s judgments have touched upon nearly every aspect of human life, ensuring that constitutionally guaranteed rights and Directive Principles of State Policy are meaningfully realized. He cited examples such as the right to equal pay for equal work, the right to a pollution-free environment, the right to shelter, and the right to health.
Addressing pertinent questions about the judiciary’s role in policy-making and the nature of judicial creativity, Justice Kant stressed the importance of intent and integrity. He asserted that when courts empower the less fortunate, grounded in constitutional principles and moral clarity, they strengthen democracy rather than undermining it. He concluded by emphasizing that the judiciary’s strength lies not in coercion but in moral and intellectual influence, derived from reason and conscience, and that its legitimacy is built on public trust earned through fairness, restraint, and courage.
Justice Kant also noted the shared constitutional heritage between India and Sri Lanka, mentioning that both nations have grappled with reconciling democracy with stability, rights with duties, and law with justice. In both contexts, he stated, the judiciary has served as the conscience-keeper for the legislature and the executive.