‘Judiciary Doesn’t Decide for Any Side’: CJI Surya Kant Says Constitution, Not Politics, Guides Courts

The judiciary is neither with the government nor against it. Its side, Chief Justice of India Surya Kant says, is the Constitution.

In a wide-ranging interview with DD News, the CJI pushed back against perceptions that courts decide cases through a political lens, declaring that judges must remain anchored to constitutional values regardless of which side stands before them.

“The judiciary does not decide for any side or opposition; it decides by being dedicated to constitutional values and the protection of the Constitution,” CJI Surya Kant said. At the heart of his argument was a reminder about where ultimate authority lies. “The greatest power in this country is our Constitution,” he said.

‘The Constitution is supreme’

CJI Surya Kant said the Constitution’s basic structure and its fundamental promises, including equality, dignity, rule of law, democratic values and an independent judiciary, must remain protected regardless of how India changes.

Safeguarding and strengthening that constitutional architecture, he said, is among the judiciary’s most important responsibilities. The basic structure, according to the CJI, will “remain the same” even as the circumstances confronting the country evolve. “It cannot be changed; we must strengthen it with the same respect and honour,” he said.

Is judicial activism really overreach?

The Chief Justice also addressed one of the judiciary’s most persistent debates: when does intervention become judicial activism? His answer was rooted in access to justice. A significant section of India's population, he said, remains socially and economically disadvantaged and may simply lack the means to approach courts when its legal or constitutional rights are violated.

That is where mechanisms such as Public Interest Litigation and suo motu intervention become important. When courts step in to protect community, social or constitutional rights on behalf of people unable to appear before them directly, the CJI argued, they are performing a constitutional function. “People label that responsibility as judicial activism,” he said.

For Surya Kant, the label misses the larger point. “Judicial activism should not be perceived otherwise. It is an integral part of our legal and constitutional responsibility.”

What about India's mountain of pending cases?

The CJI also turned to another challenge confronting the judiciary: pendency. Surya Kant said reducing the backlog has been a priority since he assumed office as Chief Justice of India in November 2025. His approach centres on better docket management, identifying cases with wider consequences and grouping related matters so that resolving one cluster can potentially clear large numbers of pending cases.

Constitution benches have also been constituted to take up sensitive and consequential matters whose resolution could affect cases pending across different courts. The effort, he said, extends beyond the Supreme Court, with reforms aimed at improving case management in High Courts and District Courts as well.

Surya Kant was elevated to the Supreme Court on May 24, 2019, and sworn in as Chief Justice of India on November 24, 2025. His message on the judiciary’s role, however, went beyond individual cases or courts. Governments change. Political battles change. The issues arriving before judges change. The constitutional compass, the CJI argued, cannot.

(With inputs from ANI)