At a time when India is pushing towards a $10 trillion economy, Chief Justice of India Surya Kant has turned the focus on the legal system, saying economic growth will depend on how reliable and predictable it is.
Speaking at the ‘Rule of Law Convention 2026’, organised by the Bar Association of India, he said the discussion is no longer aspirational but a practical question tied to India’s next phase of growth.
“I am confident that we will surely rise to the occasion. A $10 trillion mark will not be built by capital or policy alone. It will be built in no small part by the quality of the legal system that upholds the rule of law and the promises on which all of that depends.
"Our country never lacked the legal talent to build that system. And what this convention affirms is that it does not lack the will as well,” said CJI Surya Kant.
He said the kind of investment India needs now is long-term and depends on trust in institutions.
"This is capital that is patient, long-term and dependent on institutional reliability; whether it is 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," the CJI said.
Investors, he noted, look at consistency over the full duration of their investments.
"At its core, the question is one of trust; It is not merely about enforcement at the stage of breach of a contract, but about the continued integrity of obligations for performance. Such confidence among the investors enables commerce and commercial relationships to create the value they are intended to generate," the CJI said.
He also pointed to the shift in commercial disputes over the years. Earlier disputes were mostly about payments or supply contracts. Now they arise from longer and more complex business arrangements.
"And the reason for this shift is not merely procedural. It is fundamentally economic in origin. As commerce grows in scale and ambition, it moves away from isolated transactions toward continuing relationships," the CJI said.
He said the current legal framework does not need to be replaced but expanded. "There is no need to discard the existing one. It is to enable the existing framework to grow so that it protects not just the moment of agreement, but the full life of the relationship. Our courts have already paved the way in their approach to public contracts and legitimate expectations."
"They have demonstrated that the law can look beyond breach and remedy and ask what fairness demands across the life of a relationship. That instinct is already present in our public law. It is now time to carry it into the commercial spheres as well," CJI Surya Kant said.
He listed three priorities: predictability, dispute prevention and specialisation.
"Mechanisms like mediation can deliver on their full promise if we foster this culture (of dispute prevention) and guard it jealously. So litigation becomes the last resort rather than the first response. That shift alone would do more for India's economic competitiveness than many reforms that attract greater attention," the CJI said.
On specialisation, he said commercial disputes now require sector-specific knowledge. "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 and produce graduates suitable to the economy they are going to serve."
"In fact, there is a lot of requirement for our judges also to require a periodic orientation. And for that, I will sincerely make some efforts where some domain experts can have an informal interaction with judges to understand the different nuances of the economic system, so that they have a fair idea beyond the law books," the CJI said.
He also stressed the role of technology in the legal system. "I believe technology must be treated as part of the legal systems, as part of its core infrastructure, not as an optional upgrade. Digital case management, AI-assisted research tools and electronic postings directly affect the speed, accessibility and cost of justice," the CJI 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."
He ended with a message for the legal community.
"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.
He said the generation that shapes India’s commercial law for a $10 trillion economy will be remembered in the same way as those who shaped its constitutional law.