Chief Justice of India Surya Kant on Sunday declared that the most significant hurdle facing India’s legal system is not a lack of legislation, but the “limited access” ordinary citizens have to existing laws. Speaking at a high-level regional conference, the CJI emphasized that the true strength of the Indian Republic lies in the realization of rights, rather than their mere existence on paper.
The CJI made these observations while addressing a two-day North Zone Regional Conference titled ‘Justice Beyond Barriers: Rights, Rehabilitation, and Reform for the Most Vulnerable.’ The event was organized jointly by the National Legal Services Authority (NALSA), the Uttarakhand High Court, and the Uttarakhand State Legal Services Authority.
During his keynote address, CJI Surya Kant highlighted a persistent “gap” between the robust legal framework India possesses and the practical availability of these benefits to the needy. He noted that factors such as distance, delay, and implementation failures often prevent justice from reaching the vulnerable.
“The mere existence of justice is not sufficient. Rather, it must reach the doorstep of every last citizen in a timely manner,” the CJI remarked. “The strength of a republic should be measured not by its declared rights, but by the rights that are actually realised.”
Addressing the specific geographical hurdles of hilly regions like Uttarakhand, the Chief Justice pointed out that rugged terrain and limited infrastructure often act as physical barriers to the judicial system. He stressed the need for “context-specific strategies” tailored to local conditions to ensure that geography does not dictate a citizen’s access to their rights.
Drawing from his diverse experiences across India—ranging from interactions with Army personnel in Ladakh and tribal communities in Nagaland to fishing communities in Kerala—the CJI observed a recurring theme: citizens often struggle not because they lack rights, but because they lack accessible platforms to claim them.
To address these systemic issues, the CJI identified several key measures:
- Legal Aid & Awareness: Expanding the reach of legal aid schemes and awareness campaigns.
- Multi-Service Camps: Bringing various services together to reach citizens in remote areas.
- Alternative Dispute Resolution (ADR): Promoting mediation, pre-litigation conciliation, and Lok Adalats to provide speedy, cost-effective resolutions while preserving social harmony.
The CJI particularly commended the Uttarakhand State Legal Services Authority for its “Nyay Mitra” portal. He described the digital initiative as a significant step toward facilitating justice in geographically challenging areas.
Concluding his address, the CJI reiterated that the ultimate test of the Constitution is not found in high-profile cases, but in how effectively justice is delivered to those most in need in their daily lives.
