Justice Surya Kant: A Profile of India's 53rd Chief Justice and His Landmark Verdicts
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Justice Surya Kant is preparing to assume the role of the 53rd Chief Justice of India, bringing with him over twenty years of judicial experience characterized by significant rulings on constitutional matters.
New Delhi:
Justice Surya Kant, soon to be sworn in as India's 53rd Chief Justice, carries into this prestigious position extensive judicial expertise spanning two decades. His career is distinguished by landmark decisions on critical issues including the abrogation of Article 370, Bihar's electoral roll revision, the Pegasus spyware controversy, anti-corruption measures, and gender equality advancements.
On Monday, Chief Justice of India BR Gavai formally recommended Justice Kant to the Centre as his successor.
As the senior-most judge of the Supreme Court, Justice Kant will ascend to the position of Chief Justice on November 24, following CJI Gavai's retirement. He joined the Supreme Court on May 24, 2019, and upon his appointment as Chief Justice, will serve for approximately 15 months before retiring on February 9, 2027.
Born on February 10, 1962, in Haryana's Hisar district to a middle-class family, Justice Kant's journey from small-town attorney to the nation's highest judicial position reflects his exceptional legal acumen. Throughout his career, he has participated in numerous judgments of national significance and constitutional importance.
Justice Kant achieved academic distinction by graduating at the top of his class with a Master's degree in law from Kurukshetra University in 2011.
After authoring several noteworthy judgments in the Punjab and Haryana High Court, he was appointed Chief Justice of Himachal Pradesh High Court on October 5, 2018, before his elevation to the Supreme Court in 2019.
His tenure as a Supreme Court judge has been defined by significant verdicts on constitutional matters including Article 370's abrogation, freedom of expression, and citizenship rights.
Justice Kant participated in the recent presidential reference examining governors' and presidents' authority regarding bills passed by state assemblies. The forthcoming verdict is anticipated to have far-reaching implications across numerous states.
He served on the bench that suspended the colonial-era sedition law, ordering that no new FIRs be registered under it pending government review.
Justice Kant also pressed the Election Commission to disclose information about 65 lakh voters excluded from Bihar's draft electoral rolls while hearing petitions challenging the commission's decision to undertake special revision of electoral rolls in the election-bound state.
Championing grassroots democracy and gender justice, he led a bench that reinstated a wrongfully removed woman sarpanch, explicitly addressing the gender bias evident in the case.
His commitment to gender equality is further demonstrated by his directive reserving one-third of seats in bar associations, including the Supreme Court Bar Association, for women.
Justice Kant was instrumental in appointing a five-member committee headed by former Supreme Court Justice Indu Malhotra to investigate the security breach during Prime Minister Narendra Modi's 2022 Punjab visit, emphasizing that such matters required "a judicially trained mind."
He upheld the One Rank-One Pension scheme for defense forces as constitutionally valid and continues hearing petitions from women officers seeking permanent commission parity in the armed forces.
In another significant ruling, he upheld the Char Dham project in Uttarakhand, highlighting its strategic importance for national security while acknowledging environmental considerations.
His bench observed that "freedom of speech is not a licence to flout societal norms" when cautioning podcaster Ranveer Allahbadia regarding "derogatory" comments.
Justice Kant led a bench that reprimanded several stand-up comedians, including "India's Got Latent" host Samay Raina, for mocking disabled individuals in their performances, directing the Centre to develop guidelines regulating online content.
Emphasizing that freedom of speech carries responsibilities, Justice Kant's bench admonished Madhya Pradesh minister Vijay Shah for remarks targeting Col Sofiya Qureshi, who gained prominence during 'Operation Sindoor' briefings, stating that ministerial statements must be made with appropriate responsibility.
He has consistently emphasized that corruption undermines governance and public confidence.
In a 2023 verdict, he described corruption as a "serious societal threat" and ordered the CBI to investigate 28 cases revealing an "unholy nexus between banks and developers" that defrauded homebuyers.
He also led the bench granting bail to former Delhi Chief Minister Arvind Kejriwal in the CBI's excise policy case, remarking that the agency must work to dispel its perception as a 'caged parrot'.
His bench highlighted the absence of legal protections for domestic workers, instructing the Centre to establish an expert committee to propose safeguards for this vulnerable workforce.
In another important decision, he advised courts to be "mindful of collateral privacy infringements" when ordering DNA tests in paternity disputes.
Since his elevation to the Supreme Court, Justice Kant has participated in over 300 benches, contributing significantly to jurisprudence across criminal, constitutional, and administrative law.
Justice Kant also served on the seven-judge bench that overruled the 1967 AMU verdict, paving the way for reconsideration of its minority status.
In 2021, he was part of the bench that appointed a three-member panel of cyber experts to investigate the alleged use of Israeli spyware Pegasus for surveillance in India, asserting that the state cannot receive a "free pass" whenever national security concerns are raised, and that national security cannot be a "bugbear" deterring judicial scrutiny.
When Justice Kant assumes the office of Chief Justice of India, he will confront the formidable challenge of addressing approximately 90,000 backlogged cases.
Source: https://www.ndtv.com/india-news/landmark-verdicts-delivered-by-chief-justice-designate-justice-surya-kant-9523080