Many key verdicts in Justice Surya Kant's 2-decade stint in judiciary

Justice Surya Kant, who was on Monday recommended for being appointed as the next Chief Justice of India, brings a wealth of experience spanning two decades on the Bench, marked by landmark verdicts on abrogation of Article 370, free speech, democracy, corruption, environment and gender equality.

Also read: CJI BR Gavai recommends Justice Surya Kant for appointment as his successor

It was a Bench led by Justice Kant which ordered the first-ever EVM recount that flipped a Haryana panchayat poll result. In August this year, on his order electronic voting machines (EVMs) and other records related to the election of the sarpanch of Buana Lakhu gram panchayat in Panipat district of Haryana were summoned and a recount of votes was conducted within the Supreme Court premises, leading to a reversal of the original result.

In an order that strengthened grassroots democracy and gender justice, a Justice Kant-led Bench reinstated a woman sarpanch from Chhattisgarh unlawfully removed from office and called out the gender bias in the matter.

He is also credited with reserving one-third of seats in bar associations, including the Supreme Court Bar Association, for women members.

Justice Kant has been part of over 300 Benches since his elevation to the Supreme Court, contributing to jurisprudence across criminal, constitutional, and administrative law. However, he will assume office the CJI at a time when the backlog of cases in the top court has crossed 90,000.

His Bench flagged the absence of a legal framework for domestic workers, directing the Centre to form an expert committee to propose protections for this vulnerable workforce.

In a landmark verdict, he cautioned courts to be “mindful of collateral privacy infringements” when ordering DNA tests in paternity disputes.

He was part of the historic Bench that kept the colonial-era sedition law in abeyance, until the government reviewed it.

Justice Kant headed the Bench which asked the Election Commission to disclose details of 65 lakh excluded voters in Bihar in the Special Intensive Revision of Electoral Rolls in Bihar. He also directed that one-third of seats in bar associations, including the Supreme Court Bar Association, be reserved for women.

He headed the Bench that very patiently dealt with farmers’ blockade of Shambhu border near Ambala.

Justice Kant was part of the Bench that appointed a five-member committee headed by former Supreme Court judge Justice Indu Malhotra to probe the security breach during Prime Minister Narendra Modi’s 2022 Punjab visit. He upheld the One Rank-One Pension (OROP) scheme for defence forces, calling it constitutionally valid.

He was on the Bench that heard the Pegasus spyware case, which appointed a panel of cyber experts to probe allegations of unlawful surveillance, famously stating that the state cannot get a “free pass under the guise of national security.” He also was on the seven-judge Bench that overruled a 1967 ruling that had denied minority status to Aligarh Muslim University.

Justice Kant was part of the recent presidential reference on the powers of the Governor and the President in dealing with Bills passed by a state Assembly. The verdict is keenly awaited, with ramifications across many states.

He upheld the Char Dham project in Uttarakhand, emphasising its strategic importance for national security, while balancing environmental concerns.

His Bench observed that “freedom of speech is not a licence to flout societal norms”, while cautioning podcaster Ranveer Allahbadia for “derogatory” remarks.

Justice Kant led a Bench which pulled up several stand-up comedians, including “India’s Got Latent” host Samay Raina, for ridiculing disabled people on their shows and directed the Centre to come up with guidelines for regulating online content.

He also directed the Centre to draft guidelines for online content regulation after comedians were found mocking persons with disabilities.

Holding that freedom of speech is not absolute, Justice Kant led a Bench which pulled up Madhya Pradesh Minister Vijay Shah for his remarks targeting Col Sofiya Qureshi, who gained nationwide prominence for media briefings on ‘Operation Sindoor’, saying every word uttered by a Minister has to be with a sense of responsibility.

He has repeatedly underscored that corruption undermines governance and public trust.

In a 2023 verdict, he called it a “serious societal threat” and ordered the CBI to probe 28 cases exposing an “unholy nexus between banks and developers” that defrauded homebuyers.

He also led a Bench that granted bail to former Delhi CM Arvind Kejriwal in CBI’s excise policy case, remarking that the agency must work to dispel the notion of being a ‘caged parrot’.