CJI Surya Kant Calls for a National Judicial Policy to Ensure Consistency and Reduce Divergent Verdicts on Constitution Day

New Chief Justice of India (CJI) Surya Kant on Wednesday made a significant pitch for a uniform national judicial policy, emphasising the need to reduce “unpredictable and avoidable divergence” in judicial outcomes across the country. Speaking at the Constitution Day celebrations organised by the Supreme Court Bar Association (SCBA) and at a separate function held by the Supreme Court itself, the 53rd CJI highlighted the urgent need for coherence and clarity in judicial decision-making.

Justice Kant, who assumed office just two days earlier, stressed that the judiciary must strive for consistent jurisprudence, especially when the 25 high courts and multiple benches of the Supreme Court often articulate differing legal positions. Such inconsistencies, he said, can undermine the uniform application of law and complicate the administration of justice.

“If the courts are regarded as the sentinel of the Constitution, then the members of the Bar are the torchbearers who illuminate our path,” he said, underscoring the pivotal relationship between judges and advocates. He credited the Bar with helping the judiciary discharge its constitutional duties with “clarity and conviction.”

At the Supreme Court’s formal Constitution Day event, attended by President Droupadi Murmu and a distinguished assembly of judges, ministers, and legal luminaries, CJI Kant elaborated on the need for a nationwide judicial framework. “The time is also ripe for us to reinforce predictability in our judicial approach,” he said. “One constructive way forward… can be the evolution of a uniform national judicial policy—an institutional framework that encourages coherence across jurisdictions so that our courts speak with clarity and consistency.”

He likened the judiciary to an orchestra, noting that justice cannot sound harmonious when courts operate in isolation. Instead, he said, India must aspire to create a “judicial symphony”—many voices and languages expressing the same rhythm, guided by the Constitution.

The Constitution Day celebrations saw the presence of senior judges from six countries, making the event one of the most internationally attended in Supreme Court history. Among those present were Chief Justice of Bhutan Lyonpo Norbu Tshering, Chief Justice of Kenya Martha K. Koome, Chief Justice of Mauritius Rehana Bibi Mungly-Gulbul, and Chief Justice of Sri Lanka Preethi Padman Surasena, along with senior judges from Nepal, Kenya, Sri Lanka, and Malaysia.

These foreign jurists, who shared the bench with the CJI earlier in the day to observe Indian court proceedings, spoke highly of India’s judicial tradition. Mungly-Gulbul said Mauritius continues to rely on Indian jurisprudence to interpret law. Koome remarked that Kenya looks up to India’s Supreme Court as a model in upholding rule of law across common law nations. Tshering praised the intellectual calibre of India’s legal fraternity, noting the country’s constitutional resilience through 106 amendments without compromising the basic structure doctrine. Surasena highlighted the shared traditions between India and Sri Lanka’s legal systems.

At the SCBA function, Justice Kant reiterated that the Bar plays an indispensable role in strengthening the rule of law and safeguarding constitutional values. SCBA president Vikas Singh urged reforms in judicial appointments, advocating measurable targets to enhance gender diversity—25% women in the Supreme Court, 30% in high courts, and 50% in district courts by 2030. He said public confidence in the judiciary rests significantly on the quality and diversity of judges elevated to the bench.

Solicitor General Tushar Mehta underlined the “beauty of the Constitution,” stressing that the judiciary, legislature, and executive operate independently while maintaining internal checks and balances. Bar Council of India Chairman Manan Kumar Mishra raised concerns about structural hurdles faced by lawyers from middle-class backgrounds, noting their limited access to major briefs and professional opportunities.

Constitution Day, observed annually on November 26, marks the adoption of the Indian Constitution by the Constituent Assembly in 1949. The celebrations this year not only paid tribute to the constitutional vision but also spotlighted pressing challenges in India’s judicial system—ranging from inconsistent judgments to the need for greater transparency, diversity, and institutional coherence.

CJI Surya Kant’s call for a national judicial policy is now likely to spur debate within the judiciary, the Bar, and the government, potentially setting the tone for judicial reforms in the years ahead.

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