CJI Surya Kant Backs Students’ Right to Peaceful Protest

Chief Justice says courts will not “look the other way” in cases of alleged police repression

  • CJI Surya Kant reaffirmed students’ right to peaceful protest.
  • He said courts would not ignore alleged police repression.
  • CJI explained why collegium dissenting views are not publicly disclosed.
  • He welcomed a proposal for court apprenticeship in legal education.

GG News Bureau
New Delhi, 26th Sept: Chief Justice of India Surya Kant on Saturday said the judiciary is committed to protecting students’ fundamental right to hold peaceful protests and asserted that courts would not “look the other way” in cases involving alleged infringement of that right.

The CJI made the remarks during an “unfiltered interaction” with students at Chanakya National Law University (CNLU) in Patna. He said he preferred a frank question-and-answer session with the students.

According to a CNLU statement, a girl student asked the CJI about the police response to peaceful student protests.

Responding to the question, Surya Kant said courts would not ignore cases involving allegations of brutal police repression and “unequivocally reaffirmed” the judiciary’s commitment to protecting students’ right to peaceful protest.

The interaction comes against the backdrop of protests at Delhi’s Jantar Mantar over alleged NEET examination paper leaks. The protests were spearheaded by the Cockroach Janata Party, which began as a satirical online campaign following remarks attributed to the CJI in the Supreme Court. The CJI had subsequently said his remarks were reported out of context.

CJI explains limits of collegium transparency
Another student asked why dissenting opinions within the Supreme Court collegium were recorded but not made public.

The CJI responded that disclosure, even when well-intentioned, could place the individual under consideration in an “untenable position”.

He said transparency had limits when personal dignity was involved and asked how a Chief Justice or judge could continue working if a negative observation about them was included in the collegium minutes.

CJI backs proposed changes to law education
During his visit, Surya Kant also welcomed a proposal by CNLU Vice Chancellor and noted jurist Faizan Mustafa to restructure the five-year law degree.

The proposal involves reducing academic study to four years and introducing mandatory court apprenticeship in the final year. According to the CNLU statement, the model could eliminate the separate one-year practice requirement for judicial service examinations.

The CJI visited the CNLU campus along with Patna High Court Chief Justice V Kameswar Rao, who is also the university’s Chancellor.

The university said the visit assumed significance amid recent opposition to the CJI at NALSAR University of Law, Hyderabad, and National Law School of India University (NLSIU), Bengaluru.