In India's vibrant democracy, the judiciary stands as a stalwart, its role extending far beyond merely interpreting laws. It acts as a sentinel, a guardian of constitutional morality, and an essential force in shaping the nation's ethical compass. Justice Surya Kant has recently articulated this crucial function, emphasizing the Indian judiciary's profound impact on democracy's moral spine.
Justice Kant's observations come at a time when the judiciary's role is being intensely scrutinized. He acknowledges the fine line between judicial activism and overreach, noting a recent trend towards greater institutional self-restraint. The courts are increasingly opting to nudge rather than command, engaging with other branches of government to foster dialogue and collaborative solutions. This evolving dynamic reflects an understanding that judicial authority is most effective when exercised with humility, recognizing the court as a co-traveler in the democratic journey, firmly rooted in constitutional values.
The judiciary's commitment to constitutional morality is particularly significant in a nation as diverse as India. Justice Kant points out that constitutional democracy is a system where majorities are checked, minorities are protected, and fundamental principles are not sacrificed for the sake of popularity. In such a system, courts cannot simply act as referees; they must proactively champion constitutional compassion. He also highlighted the crucial role played by the Indian judiciary “in shaping this very democracy's moral spine”.
Moreover, Justice Kant stresses that the judiciary's independence is not merely a noteworthy feature but a defining characteristic of India's constitutional landscape. The manner in which this independence is asserted, negotiated, and exercised distinguishes the Indian experience on a global scale. It is when the judiciary wields its power judiciously, guided by a visible conscience, that it can truly serve as both the last word and a trusted voice in the collective democratic process.
Despite facing periods of trial and transformation, the Indian judiciary has consistently upheld the promise of justice. Justice Kant acknowledges that this task is often thankless, sometimes triumphant, but always essential. The judiciary may not be the most visible arm of the state, nor does it command armies or control budgets, but it performs the vital function of preserving justice. It watches, and when necessary, it speaks – not to please, but to preserve the core tenets of the Constitution.
Furthermore, Justice Kant has emphasized the judiciary's role in adapting the law to societal changes through progressive interpretations and transformative adjudication. Indian courts do not interpret law as a cold command, but as a means to achieve justice and reinforce democracy, safeguarding the rights of every citizen.
In essence, Justice Kant's perspective underscores the Indian judiciary's pivotal role in nurturing and safeguarding the nation's democratic ideals. It is a judiciary that is mindful of its duties, respectful of the separation of powers, and deeply connected to the concerns of the common person. It is a judiciary that acts as a spirited guardian, ensuring that the principles of the Constitution remain the guiding light for a just and equitable society.
