Supreme Court Justice Surya Kant Calls for Judicial Evolution to Address Modern Human Rights Challenges

Supreme Court judge Surya Kant (File)

Supreme Court Judge Surya Kant expressed on Thursday that the judiciary must evolve and implement innovative approaches to address emerging challenges such as digital exclusion, displacement, climate vulnerability, and transnational migration, warning that failure to adapt risks reducing the judicial system to a mere shadow of itself.

Justice Kant, who serves as the executive chairman of the National Legal Services Authority (NALSA), delivered these remarks during the Inaugural BASL Human Rights Oration in Colombo, addressing "Strengthening a Legal Aid System to Achieve Human Rights of Marginalised and Minorities: The Indian Case Study."

Describing justice as a "living promise," Justice Kant stated, "India's legal-aid movement fundamentally represents a democracy's conscience. It demonstrates that even within a vast and complex society, justice becomes tangible when visionary ideals are supported by institutional commitment."

He emphasized that this journey remains incomplete: "As new challenges emerge, including digital exclusion, displacement, climate vulnerability and transnational migration, our responsibility is to innovate further, modernize outreach methods, and deepen inclusion efforts. Justice must evolve alongside society, or it risks becoming merely its shadow."

Justice Kant traced India's commitment to justice from ancient "dharma" principles to the modern NALSA framework, reflecting an enduring belief in human dignity and the principle that justice should prioritize the most marginalized individuals first.

"Each instance where a prisoner regains freedom through legal aid, a widow finally receives her overdue pension, or a juvenile offender receives rehabilitative guidance instead of punishment—these moments breathe new life into the Constitution's promises," he observed.

Speaking to the international context, Justice Kant suggested that India's experiences offer inspiration rather than a rigid model for Sri Lanka and other Commonwealth nations.

"The belief that every individual deserves full legal protection regardless of socioeconomic status isn't uniquely Indian—it's universal. However, India's experience confirms that institutionalizing this belief through practical, daily implementation for millions is both possible and essential," he stated.

He emphasized that while each nation must develop systems suited to local contexts, they should share the understanding that legal aid serves as the primary defense against human rights erosion.

"Only when justice becomes truly accessible to every citizen regardless of financial means can we claim that freedom has fulfilled its fundamental purpose," Justice Kant declared.

He characterized justice as "not a destination but a journey—a collective endeavor of nations, institutions, and individuals," positioning India as "not only a participant but a partner and pioneer" in ensuring human rights protections globally.

Justice Kant defined access to justice as "not a privilege of the powerful, but a sacred duty of the State and society alike," noting that India's efforts to secure justice for disadvantaged populations transcend legal obligations to become "a test of our collective conscience."

He highlighted the judiciary's proactive expansion of constitutional guarantees through landmark decisions like Hussainara Khatoon Vs State of Bihar, which established free legal representation as an element of the right to life.

"These judgments transformed abstract ideals into tangible realities, establishing the right to legal aid as fundamental to India's democratic structure," Justice Kant observed.

Discussing India's institutional framework, he detailed NALSA's extensive reach under the Legal Services Authorities Act of 1987, comprising 37 state legal services authorities, 709 district authorities, over 2,000 taluka committees, and more than 50,000 trained paralegal volunteers—creating one of the world's largest legal aid networks.

Justice Kant highlighted the increasing involvement of young legal professionals and law students through legal aid clinics, paralegal training programs, and the Panel Lawyer system, which currently includes over 34,000 attorneys.

"India's youth approach legal aid not as charity but as responsibility," Justice Kant concluded, noting how this intergenerational commitment ensures that "the Constitution's promises are renewed each time a citizen's rights are restored."