Chief Justice of India Surya Kant said High Courts are the first and strongest protectors of the rule of law for ordinary people. He stressed that citizens should approach High Courts first, as they are vital, accessible centres of constitutional justice.
NEW DELHI: Chief Justice of India Surya Kant on Saturday underlined the crucial role played by High Courts in protecting the rule of law and ensuring that justice is easily available to ordinary citizens across the country.
Speaking at a felicitation programme organised for the Bombay High Court in Mumbai, the Chief Justice described High Courts as the first and most important protectors of citizens’ rights. He said,
“High courts are the primary sentinel guarding the doorsteps ..”
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Elaborating further, he explained how High Courts act as the closest constitutional authority for the common man.
“High courts are the primary sentinel guarding the doorsteps of the ordinary citizen, ensuring that the rule of law is not a distant concept but a localised, breathing reality,”
PTI quoted the Chief Justice as saying.
The CJI stressed that High Courts must not function only as courts that hear appeals or revisions from lower courts. Instead, they should actively serve as accessible forums where people can directly seek constitutional remedies. Highlighting their independent importance, he said,
“HCs should not remain only revisional or appellate courts but should be vibrant and accessible centres to constitutional remedy. They are not mere stepping stones to the Supreme Court,”
the country’s top jurist added.
While acknowledging the authority of the apex court, the Chief Justice pointed out that decisions of High Courts often have the greatest impact on people’s daily lives.
He noted that although the Supreme Court of India has the final say, the High Courts play a more immediate and decisive role in many cases. According to him, a High Court’s judgment is often the “most vital” one for citizens seeking timely justice.
Referring to the proactive role played by High Courts over the years, the CJI highlighted how they have stepped in when laws were unclear or silent.
“When the law is silent, the sentinel does not remain mute. We have seen HCs issue directions to protect the environment, ensure dignity of every human being, like prisoners, and securing the rights of migrant workers during a national crisis,”
he said.
The Chief Justice also made his position clear on the growing trend of people directly approaching the Supreme Court without first going to the High Courts. He expressed strong disapproval of this practice, especially when adopted by influential or privileged litigants.
“I am often loudly vocal against those who approach us without first availing the remedy to move the high court. People who are rich and privileged should not think that they have direct access to the Supreme Court merely because Article 32 of the Constitution allows it,”
he remarked.
Article 32 of the Constitution gives citizens the right to directly approach the Supreme Court for enforcement of fundamental rights.
However, the CJI’s remarks emphasise that High Courts should remain the primary forum for justice and constitutional protection, ensuring fairness, accessibility, and equality in the legal system for all.
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