Constitution Belongs Equally To All Citizens, Not A Privileged Few: CJI Surya Kant

Chief Justice of India Surya Kant on Thursday said that the Constitution belongs equally to every citizen and is not a privilege reserved for a few who can afford expensive legal processes and the best legal representation.

Delivering the keynote address at the launch of senior advocate Indira Jaising's memoir 'The Constitution Is My Home: Conversations on a Life in Law', the CJI reflected on constitutionalism, the evolution of rights jurisprudence, and the collaborative role of the Bench and the Bar in shaping India's democratic framework.

Drawing from the title of the memoir, the CJI described the Constitution as a “shared home”, saying it is far more than a legal charter or governance document.

“A home is far more than a physical structure; it is a place of belonging. It carries memory and aspiration in equal measure,” he said, comparing the constitutional journey to a home inherited, preserved, and adapted across generations.

Emphasising that constitutional democracy is not sustained merely by the existence of a written charter, the CJI said constitutionalism requires public power to function within a framework of values, accountability, institutional balance, and fidelity to foundational principles.

“The existence of a written charter does not by itself define the character of a constitutional democracy,” he said, adding that constitutionalism represents a broader commitment to ensuring that governance remains both effective and accountable.

Referring to India's constitutional history, the CJI said the framers, having witnessed colonial rule and arbitrary power, deliberately designed a structure of checks and balances. He cited landmark rulings such as Kesavananda Bharati, Minerva Mills, and Maneka Gandhi as milestones in preserving constitutional equilibrium and expanding the meaning of liberty, dignity, and fairness.

He said the legal system has shown a “remarkable capacity for self-correction,” allowing institutions to return to first principles during moments of constitutional strain.

Highlighting the role of lawyers in constitutional development, the CJI said transformative legal ideas often begin as arguments raised by the Bar before becoming settled judicial doctrine.

“Courts answer legal questions, but more often than not, it is the Bar that first moulds them,” he said.

He noted that concepts now seen as integral to fundamental rights, including dignity, privacy, livelihood, access to justice, and substantive liberty, were developed through sustained engagement between constitutional courts and members of the Bar, rather than through constitutional text alone.

Referring to public interest litigation, he said it widened access to justice by bringing before courts the concerns of those historically excluded from traditional legal processes.

The CJI also underscored the need for the Constitution to remain responsive to emerging challenges posed by new technologies, changing social realities, and evolving understandings of rights.

In a pointed observation on access to justice, the CJI said the Constitution belongs equally to “every citizen, be it an urbanite or a ruralite, or the poorest of the poor, or the marginalized, who seek justice within its framework and place faith in its promises.”

“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,” he said.

Calling judges, lawyers, and institutions “temporary custodians” of the Constitution, the CJI said each generation bears the responsibility of preserving its essential values while adapting to contemporary needs.

Congratulating Jaising on her memoir, he said her legal journey and decades-long engagement with constitutional questions should inspire younger and senior members of the Bar alike.

“The practice of law is ultimately not only about legal skill. It is also about fidelity: fidelity to institutions, fidelity to enduring principles, and above all, fidelity to justice itself,” he said.