Chief Justice of India Justice Surya Kant on Sunday cautioned towards overreliance on know-how within the justice supply system, stressing that it should support judicial decision-making relatively than supplant it.
Addressing a symposium on “Making certain justice for the widespread man: methods for decreasing litigation prices and delays”, organised by the Orissa Excessive Courtroom Bar Affiliation, the CJI mentioned know-how proved invaluable through the COVID-19 pandemic but in addition carried inherent dangers.
“In an age of deep fakes and digital arrests, courts can’t afford naive optimism,” Justice Kant mentioned. Emphasising inclusivity, he added that reforms which exclude the poor, aged, or these unfamiliar with digital instruments quantity to regression, not progress. “Expertise should stay a servant of justice, not its substitute. It ought to amplify human judgment, not change it,” he noticed.
Expressing concern over mounting case pendency, the CJI mentioned congestion at increased courts inevitably will increase stress on decrease courts. He recognized two main boundaries between residents and justice: the excessive value of litigation and extreme delays in case disposal.
Referring to what’s usually described as a vicious cycle of pendency, Justice Kant mentioned his imaginative and prescient was to reverse it right into a virtuous cycle. “When pendency falls, belief rises; when belief rises, respect for legislation deepens; when respect deepens, disputes diminish,” he mentioned.
Justice Kant pointed to Various Dispute Decision (ADR), significantly mediation, as one of the crucial efficient instruments to cut back backlog. Drawing from his judicial expertise, he mentioned he had witnessed deeply contested household, industrial, and even cross-border disputes being resolved by way of significant dialogue outdoors courtrooms.
He famous that skilled judges can usually sense when a matter is prepared for settlement, however emphasised that such instinct should translate into motion by judges, legal professionals, and events alike. Whereas India already has a powerful authorized framework for mediation, he mentioned what’s missing is a cultural dedication to make use of it.
“For mediation to turn out to be a real authorized avenue, events should perceive that settlement is just not give up; it’s a technique,” he mentioned.
The CJI additionally criticised the routine submitting of appeals by authorities departments, observing that many are pushed by institutional anxiousness relatively than authorized precept. On this context, he burdened the significance of coaching and accountability frameworks.
He additional urged legal professionals to method applicable boards as an alternative of these perceived as strategically handy.
Issuing a notice of warning towards uncritical adoption of recent options, Justice Kant mentioned India already possesses efficient homegrown mechanisms. Citing the Lok Adalat system, he described it as one of the crucial profitable grassroots justice improvements globally, significantly by way of Nationwide Lok Adalat drives.
“Every part new is just not essentially higher, and each outdated construction is just not out of date,” he remarked.
Highlighting the significance of infrastructure, the CJI mentioned that with out ample courts and amenities, even probably the most honest justice system would collapse underneath logistical pressure. He warned that lack of coordination among the many govt, legislature, and judiciary weakens the rule of legislation.
“A system that doesn’t transfer in concord resembles a tricycle lacking a wheel,” he mentioned, including that with out well timed trials, the promise of justice stays unfulfilled regardless of legal guidelines being enacted and offences being registered.
Orissa Excessive Courtroom Chief Justice Harish Tandon and judges from a number of excessive courts throughout the nation have been current on the occasion.
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