Only Bar Can Rescue Invisible Victims Of Judicial System From Agony: Justice Surya Kant In First Public Address As CJI

In his first public address as the Chief Justice of India, Justice Surya Kant today urged lawyers to commit themselves to the spirit of the Constitution inside as well as outside courtrooms.

He emphasised the responsibility of the Bar to protect unseen victims in the justice system “Constitutional adjudication cannot be seen merely through the lens of adversarial litigation, for its implications extend far beyond individual disputes; they shape the course of the nation itself. When I often speak about the 'invisible victims' of the Judicial System, it is my sincere belief that only Bar can rescue them from such agony”, he said.

The CJI was speaking at the Supreme Court Bar Association's Constitution Day celebrations on November 26, 2025. In an earlier address, Justice Kant had spoken about the "invisible victims" of the judicial system, such as the families of undertrials, and others who might get impacted by the outcomes, though not direct litigants.

He said it was a meaningful occasion to speak for the first time in his new role, stating, “Truth be told, I could not have imagined a more fitting and exhilarating occasion than Constitution Day for this milestone – a day when we celebrate the pivotal moment when the people of India gifted unto themselves its most fundamental covenant. As I stand before you today, I must emphasize that the Bar occupies an indispensable place in fortifying the Rule of Law and upholding the sanctity for Constitution”, he said.

He underlined the role of lawyers in strengthening constitutional values. He remarked, “If the courts are regarded as the sentinels of the Constitution, then the members of the Bar are the torchbearers – who illuminate our path as we discharge that solemn duty with clarity and conviction.”

He added that the quality of constitutional adjudication depends greatly on the scholarship, perspectives and precedents placed before the court by advocates. “When we are called upon to pronounce on the constitutionality of a provision or to expand the ambit of another, it is the range of perspectives, the depth of readings, and the wealth of precedents that Bar brings before us to marshal our understanding. Your scholarship allows us to approach each question with a more holistic vision, forming the very bedrock upon which constitutional jurisprudence steadily evolves”, he said.

Looking back at the Bar's historical influence on constitutional law, he recalled that transformative moments in jurisprudence were driven by advocacy. He cited the shaping of the basic structure doctrine through Nani Palkhivala's arguments, and spoke of legal stalwarts such as M.C. Setalvad, Dr B.R. Ambedkar, K.M. Munshi and Alladi Krishnaswamy Iyer highlighting that principal architects of the Constitution were members of the Bar.

“Our legal history is replete with such stalwarts – advocates whose intellect, integrity, and persuasion have guided the trajectory of our constitutional jurisprudence and, indeed, the direction of the nation itself”, he said.

The Chief Justice said it was vital for the Bar to contribute to legal aid, support vulnerable communities, and work in line with the Directive Principles of State Policy. He called upon young advocates in particular to embrace this role.

“In addition to assisting us in constitutional matters, it is equally vital that the Bar collectively takes purposeful strides toward espousing the letter and spirit of our foundational document. This includes providing legal aid to those who are vulnerable or living at the margins of society, as well as aligning oneself with the vision embodied in the Directive Principles of State Policy”, he said.

He concluded by emphasising shared responsibility of the Bar and the Bench to preserve and uphold the Constitution through conduct and conscience, in addition to judgments and courtroom arguments.

“The Constitution entrusts its guardianship not to one institution alone, but to a consortium of minds and consciences – and in that consortium, the Bar and the Bench stand as indispensable partners. We interpret, you illuminate; we pronounce, you provoke thought; we guard the ramparts, and you fortify the foundations”, he highlighted.