CJI Surya Kant Reaffirms Right to Peaceful Protest, Explains Collegium Secrecy at CNLU Open House

In a historic and unprecedented move, Chief Justice of India (CJI) Surya Kant engaged in a direct, unfiltered dialogue with law students at Chanakya National Law University (CNLU) in Patna on Saturday. The open-house interaction—the first of its kind with a sitting CJI—covered a wide spectrum of issues ranging from the fundamental right to peaceful protest and transparency within the Collegium system to the financial struggles of first-generation lawyers and the future of legal education. Joined by Patna High Court Chief Justice V. Kameswar Rao and CNLU Vice-Chancellor Prof. Faizan Mustafa, the CJI offered candid responses that resonated deeply with the student audience and the broader legal community.

A Historic Dialogue

The event, organized by CNLU’s Academic and Debating Committee and Legal Aid Cell, took on added significance in the wake of recent student protests at NALSAR Hyderabad and NLSIU Bangalore against the CJI’s earlier statements on police action during student marches. Rather than shying away from confrontation, the CJI chose to walk into the university auditorium and take questions directly, openly, and without a script. The university described the event as “unprecedented” and a “frank question-and-answer session” initiated by the students themselves.

Protecting the Right to Protest

The most electrifying moment came when a woman student asked about the police’s heavy-handed response to peaceful student protests, which had erupted in August across Delhi and Patna demanding the resignation of the Education Minister. The CJI responded unequivocally: “The judiciary is committed to protecting the fundamental right of the students to protest peacefully.” He added that courts would not look the other way, drawing the loudest applause of the session.

Prof. Faizan Mustafa underscored the message, stating that it was clear the judiciary would not tolerate infringement of students’ constitutional liberties. The CJI’s firm reaffirmation of Article 19(1)(b)—the right to assemble peaceably and without arms—signaled to law enforcement agencies that judicial oversight of protest rights remains robust.

Supporting Young Lawyers

Addressing the acute financial difficulties faced by first-generation lawyers, the CJI referred to the Supreme Court’s order in Sarika Tyagi v. Union of India , which backed the creation of a Young Lawyers’ Professional Assistance Fund. He emphasized that such support should be seen not as charity but as a “structural necessity for the profession’s future.” The fund would provide a safety net for new entrants to the Bar who often struggle to sustain themselves during the initial years of practice.

The CJI’s remarks struck a chord with many students who come from non-legal backgrounds and face systemic barriers to entering the profession. By framing financial assistance as a structural imperative rather than benevolence, he shifted the discourse toward institutional responsibility.

Rethinking Legal Education

Vice-Chancellor Faizan Mustafa proposed a bold restructuring of the five-year law degree: compress the classroom component into four years and make the final year a mandatory court apprenticeship. This would eliminate the separate one-year practice requirement for judicial service examinations, thereby integrating practical litigation experience into the curriculum from the outset.

The CJI termed the proposal “a new, welcome idea” and indicated it could spark a wider debate on blending court exposure with legal education. The suggestion does not reduce the overall duration of the course but seeks to embed experiential learning within the academic structure. For legal educators and students alike, the proposal offers a pathway to produce graduates who are courtroom-ready from day one.

The Limits of Transparency

When asked why dissenting opinions within the Collegium are recorded but never made public, the CJI offered a nuanced explanation. Full disclosure, even when well-intentioned, could place the individual under consideration in an “untenable position.” He questioned how a Chief Justice or judge could continue to function if adverse observations about them entered the public domain. Transparency, he indicated, must be balanced against personal dignity and the functional integrity of the institution.

The CJI’s answer highlighted the tension between the demand for openness in judicial appointments and the need to protect the confidentiality of internal deliberations. While the Collegium system has faced criticism for its opacity, the CJI’s reasoning suggests that some limits on disclosure are necessary to maintain collegiality and protect judges from reputational harm.

Addressing Financial Barriers

Responding to concerns over skyrocketing tuition fees and inadequate scholarships, the CJI gave an on-record assurance that the issue would be addressed. This promise came amid growing anxiety among law students about the rising cost of legal education and the burden of debt that many carry after graduation. The CJI’s willingness to engage on this issue signals that the higher judiciary is attentive to the socioeconomic challenges facing the next generation of lawyers.

Reforming Judicial Clerkships

Patna High Court Chief Justice V. Kameswar Rao, speaking in his capacity as CNLU Chancellor, lent his voice to the cause of making judicial clerkships at High Courts more competitive and better paid. He argued that remuneration for judicial clerks must be on par with corporate law opportunities to attract the best legal talent. Currently, many top graduates gravitate toward corporate firms due to higher salaries, leaving the judiciary with a less diverse pool of clerks. Justice Rao’s call for reform aligns with broader efforts to enhance the prestige and financial viability of clerkships as a career pathway.

A Message to the Legal Community

The CNLU open house demonstrated that the judiciary, under CJI Surya Kant, is willing to engage directly with the concerns of law students—the future custodians of the justice system. From protecting protest rights to reimagining legal education and supporting young lawyers, the CJI’s responses offered a roadmap for reform that balances institutional tradition with the need for progress.

For legal professionals, the event was a reminder that the judiciary’s commitment to fundamental rights remains steadfast, even as it grapples with internal challenges of transparency and resource allocation. The open house may well serve as a template for future dialogues between the highest court and the legal academy, fostering a culture of openness and accountability.

Conclusion

In a single afternoon, CJI Surya Kant addressed the most pressing issues facing law students and young lawyers today. His assurance on protest rights, his support for a professional assistance fund, his openness to restructuring legal education, and his candid explanation of Collegium confidentiality collectively sent a powerful message: the judiciary is listening. As the legal community absorbs the implications of this landmark interaction, the CNLU open house stands as a testament to the value of direct, honest conversation in shaping the future of law and justice in India.