Constitution Not Meant Only For Elite Who Can Afford Best Lawyers: CJI Surya Kant
Chief Justice of India Surya Kant said the Constitution belongs equally to every citizen and is not a privilege reserved for wealthy urban elites
The Supreme Court of India, Chief Justice Surya Kant on Thursday said that the Constitution belongs equally to every citizen and cannot become the exclusive preserve of a privileged few who can afford expensive legal processes and elite legal representation.
Speaking through a recorded video message at the launch of Senior Advocate Indira Jaising’s memoir “The Constitution Is My Home: Conversations on a Life in Law”, the Chief Justice emphasised that constitutional rights and protections must remain accessible to all sections of society, including the poor and marginalised.
“The Constitution is truly our shared home. It belongs not to judges alone, nor to lawyers, State or public authorities. It belongs equally to every citizen, be it an urbanite or a ruralite, or the poorest of the poor, or the marginalised, who seek justice within its framework and place faith in its promises,” CJI Kant said.
In a pointed observation on access to justice, the Chief Justice remarked that constitutional protections were never intended to be limited to a select class of citizens with financial and institutional advantages. “The Constitution is not a privilege of a few cosmopolitans who can afford cost-bearing processes and engage the best of the brains to assert something which our Constitution never intended to offer,” he stated.
CJI Kant, who had been invited as the chief guest for the event, expressed regret over his inability to attend in person due to an upcoming meeting of BRICS judges.
Describing the Constitution as a living and constant presence, the Chief Justice said it operates not only within courtrooms and legal institutions but also in the everyday lives of citizens and the broader functioning of democracy. “It accompanies us in courtrooms and chambers, in arguments and deliberations. But its reach extends far beyond formal legal spaces and its influence is ultimately measured in the lives of citizens and in the character of our democracy,” he observed.
The Chief Justice also reflected on the idea of constitutionalism, stressing that democratic institutions function effectively only when power is exercised with accountability, balance and fidelity to constitutional values. "Public institutions function best when power and responsibility are exercised in a spirit of balance, accountability, transparency and fidelity to foundational values,” he said.
He added that this continuing commitment enables democracy to adapt to changing times without losing the ideals and principles that sustain it. "A home survives not because its walls remain untouched. It survives because each generation cares enough to preserve what is essential while adapting, what is necessary," he concluded.
At the same event, Justice BV Nagarathna described Jaising’s book as more than a memoir, calling it a reflection on constitutional values and lived engagement with justice. She said the Constitution must not be treated as a distant legal document but as a living framework that shapes everyday civic and institutional life.
Justice Nagarathna highlighted the importance of “sisterhood” in the legal profession, describing it as a necessary professional commitment to ensure that access to law does not end with individual achievement. She said that solidarity among women lawyers is not merely emotional support but a structural necessity in a profession where entry networks have historically been dominated by men.
Freedom of speech and expression under Article 19(1)(a) of the Constitution remains central to a functioning democracy, Supreme Court judge Justice Nagarathna said underlining that divergent and dissenting viewpoints must not only be permitted but meaningfully engaged with. “When I say divergent thoughts and perspectives must always be considered and allowed to be expressed, expression under Article 19(1)(a) is very, very important these days. That is how democracy functions,” she observed