Justice Surya Kant Highlights Judiciary’s Role as ‘Conscience-Keeper’ of Indian Democracy

Delivering a lecture on “The Living Constitution: How the Indian Judiciary Shapes and Safeguards Constitutionalism” at the Supreme Court of Sri Lanka, Justice Surya Kant highlighted the robust adherence of India’s judiciary to the doctrine of separation of powers.

“India presents a compelling illustration of the substantive application of the doctrine of separation of powers. A prominent example lies in the judiciary’s dominance over appointments to the Supreme Court and high courts,” he said, stressing that this mechanism preserves the judiciary’s autonomy in its administrative and judicial functions alike.

Justice Surya Kant underscored that an independent judiciary plays a pivotal role in shaping the democratic imagination of society, functioning as the architects of democratic life. “If the separation of powers is the architecture of India’s constitutional democracy, judicial review is its heartbeat,” he remarked.

Explaining the significance of judicial review, the apex court judge said the Indian judiciary possesses the authority to examine the constitutionality of actions taken by every organ of the state, including decisions made by constitutional functionaries. “Judicial review ensures that no act of governance lies beyond judicial oversight. This expansive power is a cornerstone of India’s constitutional democracy and an essential part of its basic structure,” he said.

Justice Surya Kant described judicial review not merely as a procedural safeguard but as a structural commitment to legality, accountability, and the supremacy of constitutional norms. He further elaborated on India’s three-tiered judicial system, which encompasses district courts, high courts, and the Supreme Court, noting that it ensures justice is accessible to every citizen, not just the powerful.

“The Indian Constitution has an inherent flexibility that allows it to evolve with the times. Expansive judicial interpretation has given rise to numerous rights, including the right to speedy trial, free legal aid in criminal proceedings, and even the right to die with dignity,” he observed.

He cited a range of landmark judgments demonstrating the judiciary’s influence over human life and governance, noting that the Supreme Court has played a critical role in realising both fundamental rights and Directive Principles of State Policy. Among these are the right to equal pay for equal work, the right to live in a pollution-free environment, the right to shelter, protection of marine ecosystems, and the right to health.

Justice Surya Kant posed a broader question: how far can courts go in shaping policy, and is judicial creativity a virtue or a vice? He emphasised that intent and integrity are paramount, adding that when courts act to empower the powerless while remaining grounded in constitutional text and moral clarity, they strengthen rather than usurp democracy.

“The Indian judiciary has emerged as the Constitution’s fiercest protector. Its power derives not from command but from reason; not from force but from conscience,” he said, underlining that the judiciary’s legitimacy rests on public trust, earned through fairness, restraint, and courage during critical moments.

Highlighting the judiciary’s ethical obligations, Justice Surya Kant said courts have consistently worked to protect individual rights and uphold the principle of fairness, extending even to those accused of grave offences to ensure access to effective legal representation.

Concluding his lecture, he noted the constitutional kinship between India and Sri Lanka, both grappling with the challenge of balancing democracy with stability, rights with duties, and law with justice. “The judiciary’s answer in both nations has been to act not as a rival to the legislature or executive but as their conscience-keeper,” he said.