In New Delhi, Chief Justice of India Surya Kant, on Saturday, called for a comprehensive overhaul of the legal system to meet the demands of a growing economy. He stated that transforming India into a $10 trillion economy cannot be achieved solely through capital or policy, and that the quality of the legal system would be a crucial factor.
CJI Kant emphasized the need for predictability, specialization, and a culture of good faith in commercial law to help the country achieve this goal. He highlighted that this requires capital with commitments that unfold over time, and investor confidence is essential.
He asserted that mechanisms like mediation would be more effective for India's economic competitiveness than many reforms that attract greater attention. CJI Kant also stressed the importance of using technology and adapting legal education to meet the changing needs of the economy.
Speaking at the 'Rule of Law Convention 2026' on the theme 'Legal Reform Roadmap to a $10 Trillion Bharat', organized by the Bar Association of India, CJI Kant said that this was not merely an aspiration, but a serious consideration.
"I am confident that we will rise to the occasion. A $10 trillion economy will not be built solely by capital or policy. It will be built, in part, by the quality of the legal system that upholds the rule of law and the promises on which it depends," he said.
He added that the generation that shapes India's commercial jurisprudence for a $10 trillion economy will be remembered in the same way as the generation that shaped its constitutional jurisprudence.
He said that the country needed to attract capital of a different kind to reach this target.
"This is capital that is patient, long-term, and dependent on institutional reliability – whether it's a pension fund investment in infrastructure, a technology company transferring proprietary know-how, or a global manufacturer establishing an integrated supply chain. These are not short-term bets; they are commitments that unfold over time," CJI Kant said.
He explained that investors needed to know whether the legal system governing their investment would remain honest and predictable over the years of their commitment.
"At its core, this is a question of trust. It's not just about enforcing contracts when they are breached, but about the continued integrity of obligations for performance. This kind of confidence enables commerce and commercial relationships to generate the value they are intended to create," CJI Kant said.
He highlighted the changing nature of commercial disputes over the last two decades, noting that they have evolved from relatively straightforward issues, such as non-payments and breaches of supply agreements, to more complex and lengthy relationships.
"The reason for this shift is not just procedural. It's fundamentally economic. As commerce grows in scale and ambition, it moves away from isolated transactions toward continuing relationships," CJI Kant said.
He said that the present commercial laws had served the country reasonably well, but the legitimacy of law was in its ability to remain responsive to society.
"There is no need to discard the existing framework. We need to enable it to grow so that it protects not just the moment of agreement, but the entire life of the relationship. Our courts have already paved the way in their approach to public contracts and legitimate expectations," CJI Kant said.
"They have demonstrated that the law can look beyond breach and remedy and ask what fairness demands across the life of a relationship. This instinct is already present in our public law. Now it is time to carry it into the commercial spheres as well," CJI Surya Kant said.
Regarding the legal ecosystem needed to foster investor confidence, he said that there were three imperatives: predictability, where similar situations, despite changes in governments or events, are governed with similar principles, and the development of an ethos of dispute prevention through fostering a culture of good faith in contract performance.
"Mechanisms like mediation can deliver on their full promise if we foster this culture (of dispute prevention) and guard it jealously. This would mean that litigation becomes the last resort rather than the first response. This alone would do more for India's economic competitiveness than many reforms that attract greater attention," CJI Kant said.
The third imperative, according to CJI Surya Kant, was specialization.
"The nature of commercial disputes today has outgrown the scope of the generalist framework within which much of our legal training has been traditionally oriented. Disputes involving infrastructure, finance, or digital systems increasingly demand sector-specific expertise; the profession must invest in that depth, and legal education must respond accordingly to produce graduates suitable for the economy they will serve," CJI Kant said.
He added that judges also need to have periodic orientations. "For that, I will make some efforts to have informal interactions with domain experts to understand the different nuances of the economic system, so that they have a fair idea beyond the law books," CJI Kant said.
He also highlighted the importance of treating technology as part of the legal system.
"I believe technology must be treated as part of the legal system, as part of its core infrastructure, not as an optional upgrade. Digital case management, AI-assisted research tools, and electronic filings directly affect the speed, accessibility, and cost of justice," CJI Kant said, adding, "But of course, human judgment must remain at its core. The objective is to remove every avoidable obstacle between a legitimate claim and its fair resolution."
CJI Surya Kant also emphasized the role of the bar in realising the goal. He said that the commercial jurisprudence had seen a sustained engagement between the bar and the bench, and its next phase would require the same quality of effort, collaboration, and commitment between both sides.
"It depends equally on whether the bar chooses to see itself as a worthy stakeholder in India's economic future, or a mere service provider. That shift cannot be mandated by legislation or a court order. It must come as a matter of professional commitment," he said, adding that the generation that shapes India's commercial jurisprudence for the economic goal will be remembered the same way as the generation that shaped its constitutional jurisprudence.