Justice Surya Kant’s Landmark Judgments: Article 370 to Pegasus

Justice Surya Kant Landmark Judgements: Justice Surya Kant will be sworn in tomorrow as the 53rd Chief Justice of India. It is very important to understand the major judgments given by Justice Surya Kant, which include constitutional, administrative, social, and environmental cases in India. Looking at this case judgments clearly shows that he has a very balanced approach towards law, governance, human rights, national security, and also gender justice.

Here are some Landmark Judgements of Justice Surya Kant:

Constitutional and Administrative Law:

Justice Surya Kant has been part of several landmark decisions. In December 2023, he was on the bench that upheld the Central government’s decision to abrogate Article 370, which ended the special status of Jammu and Kashmir. In May 2022, a bench led by him put the sedition law (Section 124A IPC) on hold. The court ordered that all ongoing sedition cases be paused and no new cases filed until the government completed its review.

He also played a crucial role in the Pegasus spyware case, helping form an independent expert committee to investigate allegations of surveillance. The bench clearly stated that “national security” cannot be used as an excuse to escape judicial scrutiny. Justice Kant is currently part of a seven-judge bench examining the powers of Governors and the President, especially regarding their role in state legislation.

Gender Justice and Equality:

Justice Surya Kant has delivered several judgments strengthening women’s rights. He reinstated a woman sarpanch who was removed illegally, calling out gender bias. He also directed that one-third of reservations for women should be implemented in bar associations across the country.

He supported the right of women officers to receive permanent commissions in the armed forces and upheld the One Rank, One Pension scheme as constitutionally valid. In a motor accident case, he emphasized that housework has economic value, leading to better compensation for the victim’s family.

Accountability and Free Speech:

Justice Kant has also dealt with issues involving online content and public accountability. He asked the government to create clear rules for regulating online content, while reminding that freedom of speech must operate within reasonable limits.

Also Read: Who Is Justice Surya Kant? The New Chief Justice of India

He was part of the bench that granted interim bail to Arvind Kejriwal, noting that investigative agencies must avoid appearing politically influenced. He also helped form an independent committee to examine the Prime Minister’s security breach in Punjab, stressing the importance of judicial oversight.

Environmental and Human Rights:

Justice Surya Kant has delivered strong rulings on environmental protection. He declared that water bodies like ponds are essential for life and struck down schemes that threatened their existence. He upheld the Char Dham highway project, balancing national security needs with environmental safeguards.

Earlier, while serving in the Punjab and Haryana High Court, his Jasvir Singh judgment recognized that prisoners have the right to conjugal visits and procreation, treating these as part of their fundamental right to life and personal liberty.