Colombo:
During his recent visit to Sri Lanka, Justice Surya Kant, Judge of the Supreme Court of India, highlighted the central role of India’s collegium system in preserving the autonomy and integrity of the judiciary. Speaking at a lecture titled “The Living Constitution: How the Indian Judiciary Shapes and Safeguards Constitutionalism” at the Supreme Court of Sri Lanka, Justice Kant described India as a compelling example of the doctrine of Separation of Powers in action, particularly through the judiciary’s control over appointments to the Supreme Court and High Courts.
“The existing collegium mechanism serves to substantially preserve the judiciary’s autonomy, both inside the courtroom and in its administrative functions,” he remarked.
Preserving Judicial Independence
Justice Kant observed that the framers of the Indian Constitution embedded an “intricate web of safeguards” to protect the judiciary’s independence. From salaries and privileges to appointments and transfers of the District Judiciary, these provisions are insulated through constitutional checks
that no other organ of the State may encroach upon.
“It allows courts to actively shape the democratic imagination of a society and to function as architects of democratic life,” he said, emphasizing that judicial autonomy is critical both within and outside the courtroom.
Separation of Powers and Functional Harmony
Justice Kant recalled that India’s Constitution favors functional harmony rather than rigid separation among the three branches of government. Referencing the landmark Kesavananda Bharati v. State of Kerala (1973) judgment, he highlighted how the judiciary was elevated from a mere interpreter of the Constitution to its guardian, ensuring that Parliament cannot alter its basic structure.
He termed Separation of Powers and Judicial Review as “the most sacred elements” of India’s constitutional framework.
Judicial Review: The Heartbeat of Constitutional Democracy
Articles 32 and 226 empower citizens to approach the Supreme Court and High Courts directly, ensuring that no act of governance is beyond judicial scrutiny. Justice Kant emphasized that the expansive power of judicial review is a cornerstone of India’s constitutional democracy, asserting that legality and constitutionality are prerequisites to public power.
“Judicial review safeguards the Constitution’s spirit and reinforces the rule of law,” he stated.
Expanding Rights Through Interpretation
Describing the Constitution as a living document, Justice Kant illustrated how the judiciary has expanded its scope to include emerging rights such as privacy, digital freedom, and environmental protection.
Landmark rulings cited include:
∙ J.P. Unnikrishnan v. State of Kerala – recognizing the right to education as a fundamental right.
∙ Environmental and health protections, safeguarding the right to a pollution-free environment.
∙ Expansion of procedural and social rights, including the right to speedy trial, free legal aid, and the right to die with dignity.
“Judicial creativity, grounded in constitutional text and moral clarity, empowers the powerless without usurping democracy—it deepens it,” he said.
Moral Authority and Public Trust
Justice Kant underscored that the judiciary’s legitimacy rests on public trust, not coercion.
“Its power is not coercive—it is moral and intellectual. It derives not from the force of arms but from the force of reason,” he said.
He cited his rulings in Tata Steel Limited v. Atma Tube Products and recent interventions like the Assam fake encounter probe, highlighting a judicial philosophy that prioritizes constitutional compassion and protection of victims’ rights.
India–Sri Lanka: Shared Constitutional Ethos
Concluding his address, Justice Kant emphasized the shared constitutional values between India and Sri Lanka, particularly the challenge of balancing democracy with stability, and rights with duties.
“The judiciary’s answer has been to act not as a rival to the Legislature or Executive, but as their conscience keeper,” he said.
He expressed hope that continued dialogue between the judiciaries of both nations would strengthen the ideals of justice, liberty, and dignity.
Key Takeaways
∙ Collegium System: Preserves judicial autonomy and safeguards Separation of Powers.
∙ Judicial Review: Ensures governance remains constitutional and accountable.
∙ Living Constitution: Judiciary expands rights to meet contemporary societal needs.
∙ Public Trust: Legitimacy rests on fairness, moral authority, and protecting the powerless.
“The judiciary’s power flows not from force but from reason and integrity, reinforcing democracy at every turn,” Justice Kant concluded.
