CJI B R Gavai stressed that litigation alone cannot deliver justice and urged wider use of legal aid and mediation. With 5.36 crore cases pending, SCBA president Vikas Singh said mediation could drastically reduce India’s backlog.
New Delhi: On August 20, Chief Justice of India (CJI) B R Gavai stressed that India’s justice system cannot depend only on traditional court litigation to provide justice to every citizen. He said that legal aid and mediation must play a stronger role in ensuring that people, especially those from marginalised and vulnerable communities, get fair access to justice.
CJI Gavai was speaking while inaugurating a lecture titled
“Justice for All – Legal Aid and Mediation: The Collaborative Role of Bar and the Bench”,
organised by the Supreme Court Bar Association (SCBA). He pointed out the challenges that ordinary citizens face when they try to approach courts.
He said,
“Our constitution enshrines promise of justice for every citizen. Yet in practical terms, the path to justice can be long complex and fraught with obstacles. For many, especially those from the marginalised the journey and vulnerable communities the journey to a fair hearing is hindered by social, economic and geographical barriers.”
The CJI explained that for many citizens, courts appear distant, the legal process is intimidating, and proper legal representation is not always available. According to him, this makes justice look like a mere “ideal” instead of a real experience for people.
He added,
“Courts may be distant, proceedings intimidating and access to competent legal representatives limited. In such a context, justice remains an abstract ideal rather than a live reality.”
Speaking about the role of lawyers and judges, the CJI said both sides of the legal system must work together to make justice accessible. He reminded lawyers that they are not only representatives of their clients but also protectors of justice. At the same time, judges must ensure fairness and due process.
He said,
“Judges in turn are entrusted with the solemn duty to ensure fairness, equity and due process. With the operative partnership guided by professionalism, integrity and empathy justice can reach the remotest corners of the country.”
Highlighting this teamwork, he used the metaphor of pulling a chariot smoothly. He said,
“Legal aid schemes have been a cornerstone of this collaborative effort. Legal aid ensures that those who are economically disadvantaged or socially marginalised are not denied their representation, guidance or support in navigating the complexities of our legal system.”
The CJI also expressed concern that many eligible citizens are not even aware of their rights under legal aid schemes. Stressing the need for mediation to ease the burden of litigation, he said mediation provides a more cooperative way to resolve disputes compared to court battles.
He said,
“In a country with rapidly expanding population and ever increasing case load, traditional litigation alone cannot bear the burden. Mediation offers a path that is not adversarial. It is restorative rather than punitive. It encourages parties to seek solution in a collaborative manner. I would encourage senior advocates to actively guide the parties to settle their disputes through mediation.”
CJI Gavai further explained that both court litigation and arbitration involve long procedures, formalities and heavy expenses, making them difficult for many citizens. Legal aid and mediation, according to him, can make justice faster, cheaper and more accessible.
He said,
“Legal aid and mediation are the instruments through which we translate the ideals of the Constitution into lived reality for the people. Lectures such as today remind judges that empathy, outreach and accessibility are not optional virtues but essential components of judicial service.”
At the same event, SCBA President and senior advocate Vikas Singh also underlined the importance of mediation to reduce the burden on courts.
Singh said,
“Justice for all and mediation go hand in hand.”
He explained that in mediation both sides feel satisfied, unlike in litigation where there is always a winner and a loser.
He added,
“There were no losers in mediation as both sides got justice.”
Talking about the massive pendency of cases in India, Singh said that mediation can play a crucial role in clearing the backlog.
He said,
“If bar and bench both play a role in mediation and legal aid process, it will be a big opening in this subject. Today we have 5.36 crore pending cases in the country. If mediation succeeds in this country it will drastically and overnight reduce the pendency of cases in this country. It can unclog the system and ensure people in this country gets justice.”
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