Chief Justice of India (CJI) Surya Kant, addressing the 14th St Petersburg International Legal Forum in Russia, critiqued the uneven application of international scrutiny and pressure between developing and wealthier nations. He emphasized that countries in the Global East and South often face disproportionate challenges while grappling with the aftermath of colonialism and poverty, an issue not equally imposed on more affluent countries.
Unequal Scrutiny and Historical Context
CJI Surya Kant observed, “Numerous nations within the Global East and South are still in the process of constructing their institutions, addressing the repercussions of colonialism, and tackling poverty on a scale that the original drafters of international covenants could not have envisioned. These countries frequently endure scrutiny and pressure that are not proportionally applied to wealthier and more influential States, whose own compliance records are not necessarily irreproachable.” He pointed out the disparity in how international human rights ideals are implemented, calling for a foundation of equal justice and law to sustain the international legal order.
Equal Justice as a Fundamental Principle
Speaking on the theme “Equal Justice, Equal Law: Access as the Measure of International Law’s Humanity,” CJI Kant emphasized that equal access to law is critical to achieving equality. He stated, “My answer, which I draw from my experience presiding over the world’s largest and most complex judicial systems, is that the first step to equality is providing equal access to the law.” He cited India’s efforts to expand access to justice through progressive legal interpretations, free legal aid, and public interest petitions.
India’s Judicial Experience
CJI Kant discussed India’s constitutional guarantees of equality before the law and life with dignity, stressing the challenge of ensuring these rights reach all citizens. Indian courts have progressively broadened access to justice, addressing barriers such as geographical, social, and economic disparities. “We have learned that the most significant obstacle to equality is not the lack of legal or statutory support, but rather it is manifested on account of geographical, social, and economic disparities,” he said.
Historical Roots of Legal Equality
Reflecting on legal history, CJI Kant noted that the concept of equality predates the Magna Carta, drawing parallels with Kautilya’s Arthashastra, the Roman lex regia, Islamic shari’a, and the Ubuntu philosophy. He explained that these diverse traditions converged on the principle that even sovereigns are subject to the law, underscoring that equality before the law is a foundational principle of legality and not a privilege granted by those in power.
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Global Legal Order and Access to Justice
Concluding his address, CJI Kant emphasized that the true measure of equality lies not in international treaties or institutions but in ensuring that every state and individual has meaningful access to law and effective remedies. He remarked, “The fact that the question must still be posed is, in my opinion, an indictment in itself.”
