Kiran Raj

Chief Justice of India (CJI) Sanjiv Khanna on Tuesday spoke about the Indian judiciary’s transformative journey since Independence while issuing a stark warning about systemic challenges—mounting case arrears, prohibitive litigation costs, and the proliferation of falsehood—that threaten equitable justice delivery. His remarks came during a ceremonial full court session commemorating the 75th anniversary of the Supreme Court’s first sitting, an event attended by judges, senior advocates, and dignitaries, including Attorney General R. Venkataramani and Supreme Court Bar Association (SCBA) President Kapil Sibal.

Reflecting on the Court’s evolution, CJI Khanna traced pivotal shifts in constitutional interpretation, particularly after the 1975 Emergency, which he described as a “dark chapter” that reshaped judicial philosophy. He invoked the legacy of his uncle, Justice H.R. Khanna, whose lone dissent in the ADM Jabalpur case (1976) during the Emergency became a beacon of judicial courage. Justice H.R. Khanna had asserted that the state could not suspend the right to life even under Emergency provisions, a stand that cost him the Chief Justice position in 1977 when the Indira Gandhi-led government bypassed him to appoint Justice M.H. Beg. “His dissent was a defining moment, reminding us that constitutional values must prevail even in times of crisis,” CJI Khanna stated.

The CJI highlighted landmark judgments that redefined India’s constitutional fabric. The 1973 Kesavananda Bharati verdict, which established the “basic structure doctrine” to limit Parliament’s power to amend the Constitution’s core principles, marked a watershed moment. This was followed by the 1978 Maneka Gandhi case, where the Court interlinked Articles 14 (right to equality), 19 (freedoms), and 21 (right to life and liberty), expanding the scope of fundamental rights. “Post-Emergency, the judiciary moved from interpreting rights in isolation to recognizing their interconnectedness, ensuring a more holistic protection of liberties,” he explained.

The 1994 S.R. Bommai judgment, which affirmed federalism and secularism as unalterable features of the Constitution, also drew emphasis. “Secularism is not just a word but a basic structure,” CJI Khanna noted, adding that the ruling reinforced India’s commitment to pluralism amid political turbulence.

While celebrating these milestones, the CJI did not shy away from addressing contemporary hurdles. He flagged the staggering backlog of over 80,000 pending cases in the Supreme Court alone, stressing that delays erode public trust. “Justice delayed is justice denied, and we must find innovative solutions to reduce pendency,” he said. The rising cost of litigation, he argued, further marginalizes vulnerable groups, rendering the judiciary inaccessible to many. “True justice cannot exist if it remains a privilege of the affluent,” he asserted.

Most critically, CJI Khanna warned against the corrosive impact of misinformation on judicial integrity. “Justice cannot thrive where falsehood is rampant. Truth is the foundation of any fair legal system,” he said, urging stakeholders to combat deliberate distortions of facts in litigation.

SCBA President Kapil Sibal echoed these concerns, calling for greater transparency in judicial processes. “The power of argument must prevail over the argument of power. Excessive secrecy breeds distrust, while openness strengthens accountability,” he said. Sibal also cautioned against the Supreme Court’s 15 benches functioning as “15 different courts,” advocating for cohesive jurisprudence.

Attorney General R. Venkataramani struck a celebratory note, lauding India’s 75-year constitutional journey as a “remarkable achievement” despite challenges. “Surviving seven-and-a-half decades without a breakdown of the rule of law is no small feat. It reflects the resilience of our institutions,” he remarked.

CJI Khanna, however, framed the anniversary as both a milestone and a call to action. Describing the Supreme Court as a “living, breathing institution,” he highlighted its role in adapting to societal changes while staying rooted in constitutional morality. “Each judgment is a mirror to the nation’s struggles and aspirations. From the social justice focus of the 1980s to the expansion of fundamental rights in the 1990s, the Court has evolved to meet the demands of each era,” he said.

Looking ahead, the CJI stated the need for systemic reforms, including leveraging technology to streamline processes and enhance accessibility. “The next frontier lies in balancing efficiency with fairness, ensuring that justice is neither delayed nor denied,” he concluded.