Justice Surya Kant of the Supreme Court of India emphasised that Indian courts go beyond rigid legal interpretation, treating the law as a dynamic tool for justice and societal transformation.
Speaking at the Commonwealth Conference in Malta, Justice Kant, who is also the chief patron of the Commonwealth Legal Education Association, highlighted the judiciary's role in advancing constitutional values through progressive interpretations.
“Our courts don’t view the law as a cold command, but as a living instrument aligned with the needs of society,” said Justice Kant. He underlined that the Indian judiciary consistently upholds constitutional morality by adapting legal frameworks to changing social realities through transformative adjudication.
Addressing delegates from 13 countries, he explained that one of the core features of India's constitutional structure is the protection of fundamental human rights, which guides judicial decision-making. He noted that the Supreme Court has led the way in progressive rulings across various domains—protecting human rights, freedom of speech, equality, the rights of prisoners, and the right to life.
Justice Kant also spotlighted the Court's landmark contributions to environmental law, citing its interpretation of Article 21 of the Constitution, which guarantees the right to life, as encompassing the right to a clean and healthy environment. He connected this approach to India's longstanding cultural respect for nature.
Touching on gender justice, he cited several key judgments, including the invalidation of instant triple talaq and the expansion of maintenance rights for divorced women, as evidence of the judiciary’s proactive stance in eliminating gender-based discrimination in employment and society at large.
Justice Kant also called for global consensus in tackling shared challenges. Quoting Mahatma Gandhi, he emphasised the importance of empathy, open dialogue, and inclusive understanding in international cooperation. “Organisations like the Commonwealth are essential in promoting dialogue and building consensus across diverse political and legal systems,” he noted.