Chief Justice of India Surya Kant on Saturday underscored the need for High Courts to play a more proactive role in addressing systemic failures in the rule of law, asserting that “justice delayed is not only justice denied but justice destroyed.”
Speaking at the Fali Nariman Memorial Lecture and later at a felicitation programme organised by the Bombay High Court, the CJI urged High Courts not to wait passively for cases to reach them, but to remain alert to structural and institutional shortcomings that impede access to justice.
“The goal must be to transform access to justice from a passive right into a state-guaranteed service,” Justice Kant said, emphasising that timely justice is central to public faith in the judiciary.
At the felicitation event, the Chief Justice stressed the importance of strengthening dispute resolution mechanisms beyond traditional courtroom adjudication. He said mediation, reconciliation and arbitration were not merely alternatives of convenience, but essential instruments of a mature justice system.
“These mechanisms preserve relationships, reduce costs and delays, and allow courts to focus their energies on cases where authoritative adjudication is truly required,” he said, urging judges to actively encourage alternative dispute resolution.
Justice Kant highlighted that High Courts should not function merely as appellate or revisional bodies, but as vibrant and accessible centres for constitutional remedies. “High Courts are not stepping stones to the Supreme Court. They are the primary sentinels guarding the doorsteps of the ordinary citizen,” he said, adding that while the Supreme Court may have the final word, High Courts often deliver the most vital one.
He also called for High Courts to adapt to the digital era to make access to justice easier and more inclusive. Expressing concern over litigants bypassing High Courts, the CJI said he strongly discourages privileged individuals from directly approaching the Supreme Court without exhausting remedies before High Courts.
“Article 32 does not mean that the rich and privileged have automatic direct access to the Supreme Court,” he remarked.
The Chief Justice also noted that Maharashtra provides adequate and timely budgetary support to the judiciary, describing the state’s cooperation as respectful and efficient.
Recalling the contribution of eminent jurist Fali Nariman, Justice Kant reflected on the Emergency period, calling it a constitutional crossroads that tested the soul of Indian democracy. He said India’s colonial past and the suppression of civil liberties during that era reinforced a crucial lesson: rights without effective remedies are meaningless.
