CJI Surya Kant stated, “Justice delayed is not only justice denied but it is justice destroyed.” He made these remarks at the Fali Nariman memorial lecture and during a felicitation program organized by the Bombay High Court.
Chief Justice of India Surya Kant emphasized the importance of high courts being proactive and vigilant regarding systemic failures in the rule of law.
He stated,
“justice delayed is not only justice denied but it is justice destroyed.”
CJI Kant made these remarks at two events: the Fali Nariman memorial lecture and a felicitation program organized by the Bombay High Court.
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During his address at the Fali Nariman memorial lecture, he urged high courts to take initiative and be alert to rule-of-law deficiencies rather than await cases to come to them.
He asserted,
“The goal must be to transform access to justice from a passive right to a state-guaranteed service.”
At the felicitation event, he highlighted the necessity of enhancing dispute resolution options beyond the traditional courtroom setting.
He noted,
“The future of justice depends not only on how efficiently we adjudicate disputes but also on how wisely we resolve them.”
CJI Kant described mediation, reconciliation, and arbitration as essential components of mature justice that can preserve relationships, reduce expenses and delays, and allow courts to concentrate on cases requiring authoritative adjudication.
He encouraged courts to foster an environment conducive to mediation, stating that the efficacy of these methods largely depends on proactive judges willing to consider alternative dispute resolution earnestly.
CJI Kant noted the judiciary’s budget in Maharashtra is ample, and state requests are met promptly.
CJI Kant insisted that high courts should not be seen merely as revisional or appellate courts but should function as vibrant and accessible centers for constitutional remedies. He stressed that high courts serve as the primary guardians at the doorsteps of ordinary citizens, making the rule of law a tangible reality.
The CJI remarked,
“It is the court that hears the first cry of an infant child,”
Emphasizing that while the Supreme Court has the ultimate authority, the high court often has the most significant impact in many cases.
He pointed out that high courts have issued directions to protect the environment, uphold human dignity, and secure the rights of migrant workers during national crises.
He urged high courts to adapt to the digital age, making access to justice more straightforward.
CJI Kant expressed his concern over individuals approaching the Supreme Court directly without first seeking redress in high courts, stressing that wealth and privilege do not guarantee direct access to the Supreme Court, despite Article 32 of the Constitution allowing it.
Recalling Fali Nariman’s contributions during the Emergency, CJI Kant noted that the turbulent 1970s brought the nation to a critical constitutional juncture.
He highlighted that the Emergency tested democracy’s very essence and that understanding the country’s constitutional journey requires acknowledging the long-lasting effects of colonial rule, where laws often served as instruments of control rather than guardians of freedom.
He observed that civil liberties were not only overlooked but also deliberately suppressed.
The voices of citizens were stifled through ordinances, censorship, preventive detention, and laws prioritizing imperial convenience over human dignity.
The legacy of colonial oppression taught that rights without remedies are hollow, CJI Kant concluded.
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