Chief Justice of India Sanjiv Khanna, addressing his farewell ceremony organised by the Supreme Court Bar Association on Tuesday, reflected on the transformative changes in the legal profession and the evolving role of judges and lawyers.
Emphasising the importance of subject-matter expertise over traditional courtroom oratory, CJI Khanna urged members of the bar to embrace mediation and alternate dispute resolution mechanisms as primary avenues for settling disputes.
“Today we are witnessing a sea change in the legal profession. Courtroom dynamics are shifting from being driven by oratory skills to being shaped by subject-matter expertise,” he observed. “The day is not far when mediation will be chosen over litigation as the default mode of dispute resolution.”
He praised the Supreme Court’s recent efforts to expand and train the pool of mediators across India, stating that mediation goes beyond mere dispute settlement to offer solutions that meet the interests of all parties involved.
Highlighting a notable achievement under his leadership, CJI Khanna disclosed that the Supreme Court had achieved a case clearance rate of 106 per cent, disposing of more cases than were filed and thereby reducing the judicial backlog.
Reflecting on his professional journey, CJI Khanna said, “I have served for 20 years. I have no mixed feelings. I am simply happy and feel blessed to have retired as the Chief Justice of India. Becoming a judge of the Delhi High Court itself was a dream come true.”
The outgoing CJI also addressed a critical issue troubling the judiciary—the “truth deficit” in legal proceedings. “As a judge, above all, one is the seeker of truth. We too often encounter concealment and deliberate misstatements of fact, a practice wrongly thought necessary for success. This not only fails but also burdens the judiciary,” he said, quoting Mahatma Gandhi’s belief that “truth is God.”
Clarifying a judge’s role, he noted, “A judge’s job is neither to dominate the courtroom nor to surrender. Balance and fairness must guide the conduct of the court.”
Justice B R Gavai, CJI-designate, also spoke at the event, describing the bar and bench as the two indispensable wheels of the judiciary. “CJI Khanna demonstrated firm and principled leadership in addressing judicial misconduct, acting with discretion and resolve to uphold the dignity of the court,” Justice Gavai remarked.
He lauded CJI Khanna’s tenure for both its humility and its quiet, yet profound, judicial reforms. “Your tenure will be remembered not for spectacle or noise, but for quietly encouraging changes essential for the evolution of the judiciary.”
