Continued Relevance of Legal Scrutiny
The Chief Justice of India, Surya Kant, articulated the enduring significance of the legal profession’s role in scrutinizing authority, emphasizing that this practice is rooted not only in India’s historical struggle for independence but also remains crucial today. Speaking as the chief guest at the Supreme Court Bar Association’s Independence Day event, held on the Supreme Court lawns, CJI Surya Kant highlighted the profession’s ongoing commitment to justice, fairness, and the rule of law.
Legacy of the Freedom Movement
During his address, the CJI remarked, “The instinct to examine the exercise of authority against the values of justice, fairness, and rule of law is not merely a legacy of the freedom movement. This impulse continues to be relevant, reminding us of the foundational Constitutional rights which empower us to safeguard individual civil liberties.”
Legal Inquiry and Colonial Rule
CJI Surya Kant expounded on the lawyer’s training to question the existence of power, urging them to consider whether its exercise aligns with the principles intended to justify its authority. He referenced India’s colonial past, questioning the legitimacy of British rule that purported to govern by law yet denied fundamental rights such as liberty, equality, and dignity to those it governed.
A Peaceful Struggle for Legitimacy
Highlighting the nature of India’s freedom struggle, the Chief Justice noted that it was not predominantly an armed insurgency but rather a persistent challenge to colonial authority through political activism, petitions, public discourse, and legal argumentation. This approach underscored the power of legal and civil methods in contesting unjust rule.
Courts as Unifying Spaces
Further, CJI Surya Kant pointed out that courts continue to be a forum where individuals from diverse backgrounds assert their constitutional rights, challenge arbitrary actions, and demand equal treatment under the law. This role underscores the judiciary’s critical function in maintaining democracy and safeguarding civil rights.
