Rule Of Law Protects Citizens From Arbitrary Government, Not A Welfare Scheme: CJI Surya Kant

Delivering the keynote address at the International Institute for Democracy and Electoral Assistance (IDEA) conference in Stockholm on the theme, "Safeguarding the Rule of Law-Experiences from India and Sweden," the CJI emphasised that judicial review is not an assertion of judicial supremacy but a constitutional duty entrusted to the judiciary.

"The rule of law is neither a welfare scheme nor an economic policy. It does not, by itself, bake bread, create livelihoods or remove poverty. What it does is something more fundamental, though less immediately visible: it disciplines the exercise of power," Justice Kant said.

He added that the rule of law ensures public authorities act through "known, stable and general rules," guarantees equality before law and ensures that no citizen remains vulnerable to "the whims of arbitrary government."

Highlighting the constitutional design of India, the CJI said the Constitution distributes powers among the legislature, executive and judiciary through a carefully calibrated framework of checks and balances rather than rigid institutional barriers.

"In the Indian template, the separation of powers is not a system of rigid, hermetically-sealed barriers, but a beautifully calibrated network of checks and balances designed to prevent the concentration of absolute power," he observed.

Justice Kant stressed that constitutional democracy ultimately depends upon institutions faithfully adhering to constitutional norms, with the judiciary serving as the principal guardian of constitutional supremacy.

"The greatest safeguard lies in an independent judiciary, which must remain a vigilant guardian of constitutional supremacy," he said.

Describing judicial review as one of the defining features of India's constitutional framework, the CJI said it should not be misunderstood as judicial overreach.

"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," he remarked.

He added that judicial review remains "a cornerstone of India's constitutional democracy," ensuring that legality and constitutionality remain essential preconditions for every exercise of governmental authority.

Tracing India's legal traditions beyond the colonial era, Justice Kant said concepts such as judicial independence and the rule of law have deep roots in the country's ancient civilisational ethos. Referring to the story of King Prahlada, he said justice survives only when judges remain insulated from external influence and remain guided solely by law and conscience.

The CJI also highlighted the Supreme Court's role in expanding constitutional rights through landmark judgments that have interpreted Article 21 to include rights relating to dignity, livelihood, speedy trial, environmental protection and reproductive autonomy. He further referred to the evolution of Public Interest Litigation (PIL), which has widened access to justice for disadvantaged and marginalised sections of society.

Justice Kant also cited the Court's contribution to environmental jurisprudence through doctrines such as absolute liability, the public trust doctrine and the polluter pays principle. He noted that judicial interventions have also strengthened electoral transparency, addressed workplace sexual harassment, expanded women's representation in legal institutions and advanced reproductive rights.

At the same time, the CJI cautioned that judicial activism must always operate within constitutional limits.

"The rule of law is preserved only when the judiciary honours its own institutional boundaries while holding other branches to theirs," he said, adding that courts are not intended to function as "a second appellate authority or a super-executive" over policy decisions taken by elected governments.

Concluding his address, Justice Kant said India's constitutional experience demonstrates that democratic values rooted in a diverse society possess universal significance.

"The true strength of our judiciary lies not simply in its willingness to speak courageously when the constitutional fabric is threatened, but in its profound institutional wisdom to know when deference and restraint are themselves the highest expressions of constitutional fidelity," he said.