Collegium System: Imperfect but Indispensable for Judicial Independence—Insights from Justice Surya Kant’s US Address
Justice Surya Kant, a sitting judge of the Supreme Court of India and the next Chief Justice-designate, recently delivered a series of significant addresses in Washington State, USA, focusing on the evolving landscape of judicial appointments and the role of technology in the legal system. Speaking at Seattle University’s Roundglass India Centre, Justice Kant openly acknowledged the ongoing debate over the collegium system, which governs the selection and transfer of judges in India’s higher judiciary. While he recognized that the system is not without its flaws, he firmly maintained that it remains a vital mechanism for upholding the independence of the judiciary by shielding it from external, particularly executive, influence. Justice Kant emphasized that recent reforms and transparency initiatives by the Supreme Court reflect a growing commitment to public accountability and trust in the judicial process.
In his remarks, Justice Kant stressed the importance of humility and constitutional values in judicial conduct, suggesting that the legitimacy of the judiciary is best preserved when judges exercise their authority with restraint and a sense of responsibility. He argued that courts should not be perceived as all-powerful entities but as partners in the democratic process, dedicated to upholding the Constitution and fostering democratic discipline. Drawing from comparative constitutional law, he referenced landmark cases such as Marbury v. Madison in the United States, which established judicial review, and Kesavananda Bharati v. State of Kerala in India, which laid down the basic structure doctrine. These cases, he noted, underscore the judiciary’s active role as a guardian of constitutional principles rather than a passive interpreter of the law.
Justice Kant also addressed the transformative potential of artificial intelligence within the judiciary, highlighting recent technological advancements in India such as real-time transcription and AI-powered research tools. While he acknowledged the benefits of these innovations in expanding access to justice, he cautioned that technology must complement, not replace, human judgment. He stressed the need for courts to invest not only in technological infrastructure but also in constitutional resilience to address emerging threats like cyberattacks and AI misuse.
Throughout his speeches, Justice Kant invoked philosophical reflections, citing figures such as Rabindranath Tagore and Martin Luther King Jr., to illustrate the judiciary’s role as a vigilant yet humble sentinel of democracy. He concluded that democracy is a continuous discipline, not a mere inheritance, and that the judiciary’s ultimate responsibility is to nurture and protect the democratic conscience. By advocating for reforms, embracing technological advancements, and emphasizing constitutional morality, Justice Kant outlined a vision for a judiciary that remains both independent and responsive to the needs of a changing society.
Authored by Abhishek Jat, Advocate.
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