Chief Justice of India Justice Surya Kant has noted that the Rule of Law is sustained not by welfare measures or economic policies, but by an independent judiciary that ensures public power is exercised within constitutional limits. Speaking at the International IDEA event in Stockholm, Sweden, on the theme “Safeguarding the Rule of Law – Experiences from India and Sweden,” the CJI said the Rule of Law disciplines the exercise of power and protects citizens from arbitrary governance.

Drawing from India’s constitutional experience, the CJI observed that while the Constitution entrusts distinct responsibilities to the Legislature, Executive and Judiciary, its vitality depends upon constitutional fidelity by all three institutions. He stressed that the greatest safeguard for ensuring accountability of the Executive and Legislature is an independent judiciary, which cannot remain a mere spectator but must vigilantly uphold constitutional supremacy through judicial review.

Justice Surya Kant described judicial review not as a power but as a constitutional duty, asserting that it enables courts to ensure that every exercise of public authority conforms to legality and constitutional principles. He said India’s constitutional framework empowers courts to review legislative and executive actions as well as decisions of constitutional authorities, making legality a precondition for governance.

Tracing the historical foundations of judicial independence, the CJI referred to the Mahabharata’s account of King Prahlada, who chose truth over filial loyalty while deciding a dispute involving his own son. He said the ancient narrative demonstrates that impartial justice requires judges to remain insulated from every form of influence and faithful only to law and conscience.

The CJI also highlighted landmark constitutional developments, including the Basic Structure doctrine, the evolution of Public Interest Litigation, environmental jurisprudence, electoral reforms and gender justice, as examples of the Indian judiciary’s role in expanding constitutional rights and access to justice. He cited decisions recognising the right to a speedy trial, the doctrine of absolute liability, voters’ right to information, and enhanced representation of women in Bar Councils as illustrations of judicial innovation.

Emphasising that judicial activism must be balanced with institutional restraint, Justice Surya Kant observed that the Rule of Law is preserved only when courts respect their own constitutional boundaries while ensuring that other branches of the State remain within theirs. Concluding his address, he said India’s constitutional journey demonstrates that constitutional values rooted in a diverse democracy possess universal relevance in advancing human dignity, justice and the Rule of Law.