CUTTACK: Chief Justice of India (CJI) Surya Kant on Sunday said the rule of law acquires real meaning only when justice is predictable, accessible and humane.
When justice becomes tardy and expensive, the very purpose of the rule of law is defeated, he said highlighting the two major obstacles - high costs of litigation and delays in resolution - faced by citizens.
Addressing a symposium titled ‘Ensuring Justice for the Common Man: Strategies for Reducing Litigation Costs and Delays’, organised by the Orissa High Court Bar Association in Cuttack, the CJI observed that every reform must ultimately reduce uncertainty, lower the burden on litigants and affirm dignity. Ensuring justice for the common man must remain the central mission of the judicial system and the real test of courts lies not in legal theories but in the lived experience of ordinary citizens, he said.
He identified pendency of cases as the most obvious starting point for reform. A major challenge before the Supreme Court and high courts is the large number of cases pending in district courts due to questions of law or substantial legal issues awaiting clarity from superior courts. Unless such issues are resolved with finality, trial courts remain clogged, leading to a cascading effect on pendency, he said.
He said the Supreme Court has planned to conclusively dispose of several categories of long-pending matters, particularly those involving the settlement of legal principles. “We are trying to prioritise cases in a phased manner. I hope we will be able to address the issue if not completely, to a large extent,” the CJI said, adding it will help the high courts also to expedite the issues pending before them and result in consequential benefits to the district courts.
Emphasising the need for system stabilisation, Justice Kant noted that when the top court gives finality to legal questions, lower courts gain confidence. What is required, he said, are effective tools and mechanisms to dismantle the huge arrears of cases.
Terming alternative dispute resolution (ADR) a game-changer, the CJI said that mediation, in particular, is gaining popularity and will play a crucial role in reducing the burden on courts.
He also called for extensive use of technology saying, it can collapse distances and overcome geographical barriers, but cautioned against naive optimism. “Technology must remain a servant of justice and not its substitute. It should amplify human judgment, not replace it,” he said.
He also urged Chief Justices of all high courts to take up infrastructure-related issues with their respective state governments. “A system where the executive, legislature and judiciary do not work together would be like a tricycle missing a wheel and incapable of balancing the rule of law. If all three function in harmony and collaboration, many issues can be resolved,” he added.
Chief Justice of Orissa High Court Harish Tandon emphasised the need for pre-litigation mediation in cases to tackle their backlog. He called upon lawyers to take initiative and resolve disputes through mediation.