Transparency Being Weaponised to Undermine Judiciary, Warns Justice Surya Kant

Transparency Being Weaponised to Undermine Judiciary, Warns Justice Surya Kant

SAN FRANCISCO | 12 JUNE 2025

Supreme Court judge Justice Surya Kant has cautioned against the growing trend of “weaponising transparency” to systematically erode public trust in the judiciary. Speaking at a legal conference in San Francisco on Wednesday, the judge said that while openness in judicial functioning is essential, transparency without adequate public understanding risks misinterpretation and reputational harm.

“Transparency, without judicial literacy, becomes a tool of misjudgment rather than empowerment,” said Justice Kant.

He observed that the judiciary is increasingly being subjected to selective digital criticism, driven by misinformation and viral soundbites that reduce nuanced judgments into misleading headlines. “We are entering an age where digital narratives can distort legal realities. Judgments are not meant to be hashtags,” he remarked.

Justice Kant highlighted the rise of “digital constituencies” online collectives that often lack legal literacy but exert influence through volume-driven criticism. He warned that such trends can challenge the judiciary’s institutional credibility and weaken the moral foundation on which it operates.

“Judges do not derive legitimacy from power, but from public confidence. That trust must be preserved not manipulated,” he added.

Judiciary Must Innovate, But With Caution

Calling for structural reforms, Justice Kant urged the legal ecosystem to embrace digital innovation by simplifying complex rulings, offering multilingual explanations, and engaging the public through credible legal education campaigns. He suggested that courts should modernize communication, but maintain the depth and dignity of judicial processes.

“Transparency is a democratic value, but it must travel alongside understanding. Otherwise, it becomes a double-edged sword,” he said.

Warns Against Judicial Overreach

Justice Kant also spoke on the need for judicial restraint, reiterating that courts should not drift into the domain of policy-making or legislative functions. “Our constitutional architecture is based on equilibrium. When any institution steps beyond its remit, it destabilizes that balance,” he said.

His remarks come at a time when debates around judicial independence, media scrutiny, and digital misinformation are intensifying across India and beyond.

EVENT DETAILS:

Event: International Judicial and Policy Dialogue
Date: 11 June 2025
Location: San Francisco, USA
Speaker: Justice Surya Kant, Supreme Court of India

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