In a powerful assertion of democratic equality, Chief Justice of India Surya Kant declared on Thursday that the Constitution is a “shared home” belonging equally to every citizen, rather than an exclusive privilege for a wealthy elite capable of financing expensive legal battles.
The Chief Justice emphasized that the foundational document must serve everyone—from urbanites to the rural poor and the highly marginalized—rather than just those who have the resources to navigate costly judicial processes.
“The Constitution is not a privilege of a few cosmopolitans who can afford cost-bearing processes and engage the best of the brains to assert something which our Constitution never intended to offer,” CJI Kant said.
A Message Delivered from Afar
The Chief Justice’s remarks were delivered via a video message during the launch of ‘The Constitution Is My Home: Conversations on a Life in Law’, a memoir by senior advocate Indira Jaising.
Invited as the chief guest for the event, CJI Kant was unable to attend in person due to an upcoming meeting of BRICS judges. In his video address, he extended his warm greetings to Jaising and expressed his regret for not being able to celebrate the book’s launch in person.
Using the title of the memoir as a springboard for his address, the Chief Justice noted that the Constitution truly represents a collective sanctuary.
“The Constitution is truly our shared home,” he said. “It belongs not to judges alone, nor to lawyers, State or public authorities. It belongs equally to every citizen, be it an urbanite or a ruralite, or the poorest of the poor, or the marginalised, who seek justice within its framework and place faith in its promises.”
Beyond the Courtrooms: A Living Document
CJI Kant challenged the notion of the Constitution as a detached, academic document. Instead, he framed it as an active, daily presence in Indian society that goes far beyond formal legal spaces like courtrooms and chambers.
While the document inevitably guides legal arguments and judicial deliberations, CJI Kant argued that its true success cannot be measured by legal victories alone. Rather, its real impact is found “in the lives of citizens and in the character of our democracy.”
Preserving Democratic Coherence
Addressing the broader mechanics of governance, the Chief Justice pointed out that constitutionalism relies heavily on keeping authority aligned with foundational principles.
He noted that public institutions operate at their peak when power is balanced with responsibility, advocating for a system governed by:
- Accountability
- Transparency
- Fidelity to foundational values
According to CJI Kant, maintaining this steady ethical compass is what allows a democratic society to successfully navigate changing circumstances without losing the core ideals that keep it afloat.
