Chief Justice of India (CJI) Surya Kant on Monday underscored that constitutional courts must intervene whenever fundamental freedoms are violated.

CJI Kant made the observation while speaking at the National Human Rights Commission's (NHRC) Foundation Day celebrations. In his address, the CJI noted that the NHRC has decided to mark the event with a conference on water.

"India itself has made astronomical efforts to expand access to drinking water, including through the provision of household tap connections in rural areas. That progress deserves commendation. But the next question must be a more demanding one: Is the water safe, reliable and available when the family needs it?" he remarked.

He went on to comment on the importance of ensuring access to clean water, and the role of courts and human rights watchdogs in enforcing such rights.

"A mere tap is not the same as access to water … Government must build and maintain the systems through which water reaches people. Courts must intervene when constitutional rights are violated. Human Rights Commissions must investigate complaints, identify systemic failures and ensure that concerns which may otherwise remain invisible receive institutional attention," he said.

The CJI also spoke extensively on the vital role played by human rights commissions.

The Chief Justice noted that while constitutional courts exercise robust writ jurisdictions under Articles 32 and 226 of the Constitution of India to enforce remedies, human rights commissions possess vital fact-finding machinery.

“People sometimes say that the Commission can only recommend and cannot command. But I would offer an alternative perspective … Its purpose is not to still the waves of injustice, but to cast a guiding light for those adrift in the darkness … The influence of a human rights institution does not come from the coercive force of its orders, but from the credibility it earns over time." he said.

These commissions, he observed, are uniquely equipped to initiate independent inquiries, assess administrative deficiencies on the ground, and elevate grievances of marginalised communities who often lack the resources to access formal litigation.

The CJI was speaking at the 33rd Foundation Day celebrations of the NHRC at Vigyan Bhavan, New Delhi.

NHRC Chairperson and former Supreme Court judge, Justice V Ramasubramanian, also spoke at the event.

"As all of you know, the office of the Chief Justice of India has become the single most important, the most powerful, the most vibrant, and at the same time, the most vulnerable office in the country. It is an office which is put to the test of fire, Agni Pariksha, every day, nay, every minute, not necessarily by sacred souls at all times. Therefore, the CJI's acceptance of our invitation to be the chief guest, especially at a time when he is in great demand, is something remarkable, and I owe a great deal of gratitude to him," he said.

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