Democracy can survive only if executive and legislature remain faithful to Constitution: CJI Surya Kant

Chief Justice of India (CJI) Surya Kant on Monday said that a constitutional democracy can endure only if the executive and the legislature remain faithful to constitutional norms.

An independent judiciary is the strongest safeguard to ensure that both institutions remain within their constitutional limits, he opined.

"Courts, by definition, cannot be mere spectators in the constitutional order. They must remain vigilant guardians of constitutional supremacy, ensuring that no exercise of public power escapes the sustained discipline of law," he remarked.

CJI Kant said safeguarding the rule of law is a shared constitutional responsibility. While the judiciary is the final arbiter through the power of judicial review, other constitutional organs are equally responsible for preserving federalism, democracy, the separation of powers and the harmonious functioning of public institutions.

He added that any inaction or deviation by constitutional authorities would invite judicial review.

The CJI was speaking at a conference organised by the International Institute for Democracy and Electoral Assistance (International IDEA) in Stockholm, Sweden, on the theme, "Safeguarding the Rule of Law – Experiences from India and Sweden."

He said Indian constitutional courts have, over the years, developed doctrines to restrain public power, expand access to justice and uphold the rule of law, mainly during constitutional crises and moments of profound human suffering.

"This journey of undertaking judicial review is often misconstrued as a power vested in the judiciary, but in my opinion, it is nothing but a duty and responsibility entrusted by the Constitution. What follows is that the rule of law in India has remained not an abstract constitutional promise but a lived and undeniable reality for every citizen," he said.

On judicial review, the CJI opined that the same is often misconstrued as a power vested in the judiciary when it is, in fact, nothing but a duty and responsibility entrusted by the Constitution.

Drawing from the Mahabharata, the CJI referred to the story of king Prahlada, who ruled against his own son in a dispute after concluding that a judge's highest allegiance is to the truth and the law.

According to CJI Kant, this episode illustrates that judges must remain insulated from external pressures and decide cases according to law and conscience.

Touching upon constitutional jurisprudence, the CJI Kant described the Basic Structure doctrine evolved in the Kesavananda Bharati case as one of most significant constitutional innovations by Indian judiciary. He said the doctrine protects the Constitution's core identity from alteration by transient legislative majorities and recognises separation of powers as one of its essential features.

He also highlighted the evolution of constitutional doctrines in areas such as public interest litigation, environmental protection, electoral reforms and gender justice.

The CJI also emphasised the importance of judicial restraint.

"The true maturity of our institution lies in its profound capacity for principled judicial self-restraint. The Supreme Court has consistently recognised that the Rule of Law is preserved only when the Judiciary honours its own institutional boundaries while holding other branches to theirs," he said.

He added that courts do not function as a "super-executive" or as a second appellate authority over complex policy decisions taken by the other branches of the State.

CJI Kant said the judiciary's strength lies not only in speaking courageously when constitutional values are threatened, but also in recognising that judicial deference and restraint are themselves among the highest expressions of constitutional fidelity.