Cuttack: Chief Justice of India Justice Surya Kant on Sunday emphasised that justice must be accessible, affordable, and deeply felt in the daily lives of ordinary citizens, rather than remain an abstract constitutional promise.
Delivering the keynote address at a symposium titled ‘Ensuring Justice for the Common Man: Strategies for Reducing Litigation Costs and Delays’ organised by the Orissa High Court Bar Association, the CJI said that there are two biggest obstacles between common citizens and justice. The first, he noted, is the high cost involved in litigation, and the second is the excessive time taken to dispose of cases.
Stating that these barriers erode faith in the justice system, he said that rule of law acquires meaning only when justice is accessible, affordable, and humane. He also shared a moving anecdote of an elderly farmer patiently waiting outside a courtroom, illustrating how such delays inflict not just financial strain but deep emotional hardship that extends far beyond mere legal fees.
Justice Kant said that case pendency is not merely a statistical concern but also a systemic issue permeating every level of the judiciary, from district courts to High Courts and the Supreme Court itself. He noted that prompt and consistent decisions from higher constitutional courts instil greater confidence and stability throughout the judicial hierarchy, particularly benefiting the overburdened district judiciary.
Case pendency is not merely a statistical concern but an ecosystem-wide problem affecting district courts, High Courts, and the Supreme Court alike.
Turning to alternative dispute resolution, the CJI praised the overwhelming success of the “Mediation for the Nation” initiative, which garnered robust support from both the public and judicial institutions. He described mediation as a highly effective mechanism deeply aligned with India’s cultural traditions, echoing age-old practices like the Panchayat system, and urged its wider adoption as a contemporary extension of this heritage.
Justice Kant called upon lawyers to actively encourage early mediation for their clients, viewing settlements not as a professional defeat, but as a significant and meaningful contribution to the cause of justice. He also appealed to governments to adopt a more flexible, policy-driven approach to mediation and avoid unnecessary appeals driven by fear of bureaucratic scrutiny.
On the role of technology, the CJI acknowledged its critical support in helping the courts function during the COVID-19 pandemic and its potential to bridge gaps in distance and time. However, he cautioned that technological tools must always enhance human judgment without supplanting it, ensuring inclusivity and preserving the core humane essence of justice delivery.
The symposium held at Saheed Bhavan was attended by Orissa High Court Chief Justice Harish Tandon, judges from various High Courts, and other legal luminaries.
