Justice Surya Kant of the Supreme Court stressed that some High Court judges underperform despite their potential and urged daily self-reflection. He called legal aid “constitutional oxygen” and promoted mediation as a tool to heal disputes.
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NEW DELHI: Supreme Court Justice Surya Kant, on Wednesday, made strong observations about the working style of some High Court judges.
He said that while many judges are performing excellently, some still do not deliver according to their full capacity, even though they have the talent to do so.
“In a humble way, I would convey to the High Court judges that some of them are performing outstandingly. The way they prepare, the amount of disposals they give, the quality of hearing and judgments they give. But some judges are still underperforming. To my mind, they have the capacity and capability to deliver. They need to ask one question to themselves before they go to bed – have I repaid the system? The system that has spent so much amount on me in a day,”
-Justice Kant said.
He explained that if judges start asking themselves this question daily, and if the Bar provides strong professional support, then the disposal of pending cases can improve quickly, even without major changes in infrastructure.
“This ideal collaboration between the two can expedite disposal of matters which are still in queue even if there is no extraordinary addition to the infrastructural facilities as of now,”
-he said.
Justice Surya Kant gave these remarks during the inaugural lecture series organised by the Supreme Court Bar Association (SCBA) on the theme:
Justice for All – Legal Aid and Mediation: The Collaborative Role of Bar and Bench.
The event was also addressed by Chief Justice of India BR Gavai and SCBA President Vikas Singh.
Repeating his reminder to the judges, Justice Kant again said:
“They need to ask one question to themselves before they go to bed – have I repaid the system?”
Talking about the access to justice, Justice Kant noted that for common citizens, entering courts and fighting cases is still very difficult.
He said it often looks like justice is only for the rich because of high fees, complex procedures, and an intimidating court environment.
“We have built temples of justice with doors too narrow for the very people they were meant to serve. The scales of justice cannot balance when only one side can afford to place their grievances upon them,”
-he remarked.
He further underlined that free legal aid is not an act of kindness but a duty guaranteed by the Constitution.
Calling it vital for democracy, he urged senior lawyers to take at least two free cases every month.
“Legal aid is not mere legal charity. It is constitutional oxygen essential for democracy’s survival. When we speak of legal aid, we speak of India’s promise to herself,”
-he said.
Justice Kant once again reminded that:
“We have built temples of justice with doors too narrow for the very people they were meant to serve.”
The judge also encouraged mediation, calling it a unique way to resolve conflicts faster and with less bitterness.
He recalled one matter that dragged for 37 years before mediation brought peace, saying that India should give more space to dialogue rather than confrontation.
“Mediation is an extraordinary tool, its resolution through dialogue. Courts decide, mediators heal. Both serve justice, but only the latter preserves relationships.”
In conclusion, Justice Surya Kant appealed to both lawyers and judges to work together for reforms. He reminded everyone that justice should not be a privilege for a few but must become a living reality for every citizen.
Background & Career
- Early Life & Education
Born on 10 February 1962 in Petwar, Hisar district of Haryana, Justice Surya Kant came from a middle-class family. He completed his graduation from Government Postgraduate College, Hisar in 1981, followed by an LL.B. from Maharishi Dayanand University, Rohtak in 1984. Later, he pursued an LL.M. from Kurukshetra University Distance Education division and topped his class in 2011. - Early Legal Career
Starting his legal practice in the Hisar District Court in 1984, he soon moved to Chandigarh in 1985 to practice in the Punjab & Haryana High Court. He handled constitutional, civil, and service matters and represented universities, boards, corporations, and even the High Court itself. - Advocate General & Senior Advocate
In July 2000, he became the youngest Advocate General of Haryana. In March 2001, he was designated a Senior Advocate. - Judicial Appointments
Elevated as a permanent Judge of the Punjab & Haryana High Court on 9 January 2004, he served there until October 2018. He then became the Chief Justice of the Himachal Pradesh High Court (October 2018–May 2019).
In May 2019, he was appointed Judge of the Supreme Court of India. He is expected to retire on 9 February 2027. - Roles Beyond the Bench
Justice Kant has been a member of the National Legal Services Authority (NALSA) since 2007. In May 2025, he was appointed Executive Chairman of NALSA.
Selected Notable Judgments
- Jasvir Singh v. State of Punjab (2014)
Addressing conjugal rights of inmates under Article 21, he ruled the right to procreation survives incarceration, subject to infrastructure constraints. He also emphasised the judiciary’s duty in prison reforms. - Viresh Shandilya v. Union of India
Against a blanket TV ban in jails, Justice Kant held inmates—both under-trials and convicts—have the right to information. Television helps include them in civil society. - Madan Lal v. State of H.P. (2018)
He ruled that access to potable water and electricity is integral to the right to life under Article 21. - Anil Bansal v. State of H.P.
He directed authorities to provide legal aid to inmates promptly, underscoring access to justice as a fundamental right. - Sharwan Kumar v. State of H.P.
Addressing environmental concerns, he ordered proper waste disposal protocols for slaughterhouses to prevent nuisance. - Supreme Court Bench: Arvind Kejriwal v. CBI (2024)
In bail proceedings, Justice Kant concurred that arrest by CBI was lawful and procedurally sound, even as his fellow judge viewed it differently. - Ethics Committee Review (CIC expulsion case)
He authored a judgment affirming courts can review legislative disciplinary actions, such as expulsions, ensuring proportionality and rights under Article 14 and 21. - Electoral Rolls Case — ADR v. ECI (2025)
Justice Kant issued interim directions allowing Aadhaar, ration card, and EPIC as identity proofs in Bihar’s electoral roll verification processes. - Freedom of Expression Case (Ranveer Allahbadia’s remarks)
Justice Kant emphasised that fundamental rights are not handed on a platter. Citizens must keep their duties in mind, stating, “there is nothing like a fundamental right on a platter,” especially in speech-related matters.
| Category | Details |
|---|---|
| Education | LL.B. from MDU Rohtak, LL.M. (First Class First) from Kurukshetra U. |
| Key Roles | Advocate General (Haryana), Senior Advocate, High Court & SC Judge |
| Judicial Focus | Prison reforms, Article 21, legal aid, electoral rights, free speech |
| Additional Positions | Executive Chairman of NALSA |
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