"Indian Courts Don't Just Interpret Law As Cold Command": Top Court Judge Surya Kant
The courts in India don't just interpret the law as a cold command but as a living instrument of justice, underlined Supreme Court Judge Surya Kant, who is also chief patron of the Commonwealth Legal Education Association.
Indian courts uphold constitutional morality through progressive legal interpretations and transformative adjudication, ensuring the law evolves with society, stressed Justice Kant, while speaking at the Commonwealth Conference in Malta.
"A foundational feature of the Constitution's Basic Structure is ensuring basic human rights and guiding judicial action," said the judge addressing a delegation of 13 countries.
Justice Kant, who is in line to be Chief Justice of India, said that the Supreme Court has delivered advanced progressive jurisprudence in areas like human rights, freedom of speech, equality, prisoners' rights, and the right to life.
On environmental protection, Justice Kant said the top court expanded environmental jurisprudence to uphold the right to a clean and healthy environment, drawing upon India's ancient traditions and Article 21 of the Constitution.
The Indian Supreme Court recognized the right to a healthy environment as part of the right to life, he said further.
On gender equality in employment, Justice Kant said, "The Court struck down gender-based exclusion in employment, recognizing it as regressive. The court has been at the forefront of safeguarding women's rights, including striking down instant triple talaq and affirming the right to maintenance for divorced women."
The Indian judge championed consensus as a key metric to address global challenges.
"Consensus is crucial for addressing global challenges and developing equitable solutions. Consensus building requires open dialogue, empathy, and a commitment to understanding different perspectives, as highlighted by Mahatma Gandhi's quote. Organizations like the Commonwealth play a vital role in fostering dialogue and consensus-building among nations with diverse political histories."
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