CJI Surya Kant Highlights Roots of Equality in Kautilya’s Arthashastra

NEW DELHI: Chief Justice Surya Kant has introduced a thought-provoking perspective on the concept of equality, challenging the widely held view that it originated from the 13th-century Magna Carta. During his address at the St. Petersburg International Legal Forum, he articulated his belief that the foundational ideas of equality can actually be traced back to the ancient Indian text, the Arthashastra, authored by the renowned 4th-century strategist and thinker, Kautilya.

CJI Kant emphasized, “The birthplace of Equality was not necessarily the Magna Carta in 1215. Rather, my own personal belief is that its roots are traceable to Kautilya’s Arthashastra, which belongs to the Indian subcontinent and propounded the theory of Equality in the fourth century.”

Quoting from Arthashastra, he noted, “The text states in no uncertain terms that: a King who does not hold himself subject to dharma, to law, ceases to be a King, whether morally or actually.” This highlights Kautilya’s emphasis on the rule of law, which asserts that even those in power are not above the law.

Justice Kant further elaborated on how various civilizations have played notable roles in expanding the concept of equality and its essential function in a well-ordered society. He stated, “Equality before the law was not a privilege to be dispensed by the powerful to those they deemed deserving. It has always been the grammar of legality itself. Without it, what we call law — is merely the organized will of the stronger party.” This raises critical questions about the application of equality in the realm of international law.

He questioned whether the principles of equality hold true in international law, especially noting how more powerful nations often manipulate these laws to suit their interests, imposing sanctions and tariffs on weaker nations. CJI Kant remarked that despite the establishment of institutions like the United Nations and the evolution of international law, questions linger regarding whether international law serves as a privilege for a select few rather than as a framework among equals. “The fact that the question is still being asked is an indictment in itself,” he asserted.

In his speech, the Chief Justice underscored a crucial point: “The honest answer lies not in the architecture of treaties nor in the composition of international organizations, but in a single, humbler, and far more urgent test: whether every sovereign state, and every human being within it, is empowered to access the law and obtain the desired remedy?”

Having recently signed a Memorandum of Understanding with the Supreme Court of the Russian Federation, CJI Kant emphasized that the equality he speaks of begins with equal access to the law. This access, he stated, must translate into actual rights rather than remaining a mere procedural formality or a hollow statutory declaration.

In conclusion, CJI Kant reiterated that the international legal system faces significant challenges in ensuring equal access to legal remedies for all nations, regardless of past assertions about its role in maintaining global order.