Key cases, remarks of next CJI Surya Kant

Here’s a list of important cases he has been a part of, aside from some key observations he made on public platforms:

Key cases:

Bihar SIR: While hearing the contentious matter of the special intensive revision of electoral rolls in poll-bound Bihar this month, Justice Kant noted that the fact that the total number of voters in Bihar outweighed its adult population by 107% in the past showed that the exercise carried out by the Election Commission was “justified” and that it “was definitely a problem which required correction”. In July, his bench said the EC could continue to consider Aadhaar and voter cards for the enumeration, and told the petitioners that the Court can always step in and strike it down if there is any illegality.

Digital scams: Justice Kant’s Supreme Court on October 27 issued notice to all states and union territories on digital arrest cases, seeking details of FIRs registered in their jurisdictions, as it took note of the growing number of such cybercrimes across the country.

Non-pronouncement of judgments by Jharkhand High Court: In August, Justice Kant censured the situation and said judges concerned should rather avail leave for penning them. “Just get rid of these cases. People need judgments, they are not concerned about jurisprudence or something else. Give a reasoned order on whether relief is denied or allowed,” he said.

Youtubers case: While protecting famous YouTuber Ranveer Allahbadia, Justice Kant said the words he chose would make “parents will feel ashamed” aside from the “entire society” and called it “pervert mind and the perversion” that he and his “henchmen”  had exhibited. Allahbadia’s made the remarks in another YouTuber Samay Raina’s show tiled ‘India’s Got Latent’. Allahbadia and other influencers were booked by the police for the comments.

Sedition: In May, 2022, a bench comprising Justice Kant put in abeyance all sedition cases pending before courts across the country till the government re-examined and re-considered the provisions of Section 124A (sedition) of the Indian Penal Code.

Speeches on public platforms:

• Most recently, while speaking at the Supreme Court of Sri Lanka on ‘The living Constitution: How the Indian Judiciary Shapes and Safeguards Constitutionalism’, Justice Kant said courts “deepen” democracy when they “act to empower the powerless, grounded in constitutional text and moral clarity”.

• In June, he strongly defended the collegium system of appointing judges and said “despite its imperfections,” it “serves as a crucial institutional safeguard… preserving the Judiciary’s autonomy”. Justice Kant was speaking at the Seattle University on ‘The Quiet Sentinel: Courts, Democracy, and the Dialogue Across Borders’. He said the system “significantly limits interference by the executive and legislature, thereby preserving the judiciary’s autonomy and “insulating judges from extraneous pressures that could otherwise compromise their impartiality”.

• Speaking a climate change conference in July, the judge said upon analysis of its effects and its counter measures through a domestic lens, it was often seen that a perception was created that India and other developing countries disproportionately bear the brunt of taking the blame for environmental damage and climate change. “While I am not suggesting there is no room for improvement on our part when it comes to sustainable practices, wrongdoers often fly under the radar,” he added.

• In August, the judge spoke at an event and outlined the significance of using technology “thoughtfully and inclusively” in bridging the persistent gaps in our justice system but clarified that it couldn’t replace the human element and “the heart of justice must remain human”.

Notably, he holds the distinction of being appointed the youngest advocate general of Haryana on July 7, 2000—following which he was designated a senior advocate in March, 2001—till his elevation as a permanent Judge to the Punjab and Haryana High Court on January 9, 2004.

He was nominated as a member of the Governing Body of National Legal Services Authority on February 23, 2007 for two consecutive terms till February 22, 2011. He is currently a member of various committees of Indian Law Institute – a deemed university under the aegis of Hon’ble Supreme Court of India. He has been charing the Supreme Court Legal Services Committee since November 12, 2024.