Chief Justice of India (CJI) Surya Kant on Saturday delivered a strong call for systemic reform in the judiciary, urging High Courts to be more proactive in identifying failures in the rule of law and emphasising the growing importance of mediation and alternative dispute resolution mechanisms.
Speaking at two events in Mumbai — the Fali S Nariman Memorial Lecture and a felicitation ceremony hosted by the Bombay High Court — CJI Kant called for a transformative shift in the judiciary’s approach to access to justice, stating that “justice delayed is not only justice denied but it is justice destroyed.”
At the memorial lecture in honour of jurist Fali Nariman, the CJI exhorted High Courts to shed their passivity and take initiative. “High Courts must not wait for the knock on the door. They should remain alert to systematic failures in the rule of law,” he said, adding that access to justice must evolve from being a passive right into a “state-guaranteed service.”
He underscored the High Courts’ unique position as the “primary sentinel guarding the doorsteps of the ordinary citizen,” arguing that they are not merely appellate or revisional bodies. “While the Supreme Court may have the final word, the High Court often has the most vital one,” he observed.
During the felicitation event at the Bombay High Court, the CJI focused on strengthening alternative dispute resolution systems — particularly mediation, reconciliation, and arbitration. “They are not just alternatives of convenience but instruments of mature justice,” he said, asserting that such mechanisms help preserve relationships, lower costs, reduce delays, and allow courts to focus on cases requiring authoritative adjudication.
He urged judges to take a proactive role in exploring ADR processes. “Courts must create an environment where mediation is encouraged. The success of these mechanisms rests largely on a proactive court,” he said.
CJI Kant also pressed for urgent adaptation to digital technologies to enhance accessibility and efficiency. Highlighting Maharashtra’s judicial infrastructure, he noted that the state government has responded generously to the budgetary needs of the judiciary, calling it “liberal and adequate.”
On the issue of access to the Supreme Court, he made a pointed remark against direct filings under Article 32 without exhausting remedies in the High Courts. “People who are rich and privileged should not think that they have direct access to the Supreme Court merely because Article 32 allows it,” he warned.
Paying tribute to Fali Nariman’s role during the Emergency, the CJI reflected on how that period tested the country’s constitutional foundation. “The 1970s brought the nation to a constitutional crossroads… civil liberties were not merely neglected but deliberately muted,” he said.
Drawing lessons from colonial history, CJI Kant said that laws once used to control rather than protect liberty left a lasting imprint. “The suppression of liberties through colonial legislation left an indelible lesson: rights without remedies are hollow.”
In closing, CJI Surya Kant reminded the judiciary that their role extends beyond adjudication. “When the law is silent, the sentinel does not remain mute,” he said, citing how High Courts have in the past stepped in to protect the environment, the rights of prisoners, and dignity of migrant workers in crises.
His remarks come at a time when the Indian judiciary continues to grapple with pendency, access disparities, and the search for more responsive justice systems — signalling that under his leadership, judicial reform and accessibility will remain top priorities.
