Judiciary conscious of duties, principles of separation of powers: SC's Justice Surya Kant

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New Delhi, May 15 (PTI) The judiciary is conscious of its responsibilities and duties and keeps in mind the principles of separation of powers and the rule of law, Supreme Court judge Justice Surya Kant said on Wednesday.


The judge said the spirited judiciary is the hallmark of the Indian democratic system where we believe in rule of law and good governance and it is our duty to ensure that this commitment continues on a day to day basis.

Speaking at a seminar on 'Sustaining Jurisprudence in Democratic Evolution' organised by the Indian Council for Legal Justice, Justice Kant said it is the judiciary and judicial mechanism, which constantly and intricately remain connected with the concerns of the common man.

"I also do not want to ignore and overlook or underestimate the role of the legislature in India. India is one of the democracies where besides the judicial activism we have also pleasantly experienced the legislative mechanism," he said.


Justice Kant further said, "When we talk about the role of judiciary, we also keep in mind the well-known principles of separation of powers and rule of law. We all truly believe the judiciary is conscious of its responsibility and duties… "These are the very foundational principles which not only prevent the concentration of power but also continue to ensure that India's image as a successful and largest democracy continues to uphold on the global stage," he said.

He further said in the last over seven decades, the country has seen a significant evolvement in social, political, economic and moral landscape and the written laws may not be able to mirror all these transformations on a day to day basis.

"So the question arises about the rights of the citizens. How they are to be safeguarded and (how they) keep the values and democratic rights alive? … the legislative acts cannot be frequently amended, enacted or repealed," he said, adding that here comes the role of the judiciary in addressing the modern day challenges.


"Look at the Supreme Court, how fundamental rights have been converted into human rights and human rights have been read into fundamental rights. This innovative interpretation has really led to the deeper concepts of human rights which have been read in various judgments in order to promote the human rights," Justice Kant said.

He said under the provisions of the Constitution, the enactment of a new law takes time and in such a situation where the judiciary works like an emergency hospital and is available twenty-four hours everyday, the legislation takes its time in the assessment of report, presenting the draft legislation, debating and eventually a new law with whatever shape then comes into force.

Speaking at the seminar, Delhi High Court Acting Chief Justice Manmohan said the role of technology in promoting democracy in sustainable jurisprudence is going to be the way forward and added that all steps are being taken by the courts in this regard.


He also said there are huge challenges with technology and gave example of deep fakes which are being promoted now on social media, saying these are threats to democracy.

Former Supreme Court judge Justice Swatanter Kumar, who was also present at the seminar, said "The Indian Supreme Court and other courts by and large are respected the most in the world for the domain of jurisdiction, exercise of jurisdiction and applying the doctrine of expansion for all fields of human life." He said expansion of law and judicial practices evolved in response to social changes where the courts upheld democratic principles such as justice, equality and rule of law and various judgments of the courts have resulted in the "evolution as well as creation of law".

Former chief justice of India K G Balakrishnan said the Constitution is a living and dynamic document that had designed the rights of the people. He said various decisions of the Supreme Court are of immense significance in "protecting jurisprudence and rights of people". PTI SKV MNR SKV KSS KSS