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NEW DELHI : Sending a “strong message” that the Supreme Court is meant for the common man, Chief Justice of India Surya Kant on Saturday said a predictable timeline and a unified national judicial policy-based early decision of pending cases would be his priority.
Speaking at the Hindustan Times Leadership Summit here, the CJI referred to access to justice, and said his priority is to ensure how to reduce the cost of litigation, and how to prescribe a reasonable timeline within which matters are decided.
Asked about the independence of judiciary, Justice Kant referred to the constitutional philosophy of separation of powers, and said the Constitution has beautifully defined the respective roles of the judiciary, the legislature, and the executive, while ensuring that there is no overlapping.
“My first priority will be a predictable timeline and a unified national judicial policy-based early decision of the pending cases. I am not saying elimination of all the arrears. That will never happen. That should not happen because litigation is an ongoing process. People have trust and faith in the judicial system,” the CJI said.
“Cases will be filed but the old cases which are staring on our face need to be tackled and for that, one needs to explore mediation as one of the powerful game-changers,” he said.
There will be some reforms in the Supreme Court in the coming days, including on prioritisation of certain litigations, he said.
“I just want to send a very clear and strong message that the Supreme Court is also meant for the common man, and any ordinary litigant will also have sufficient space and time in the Supreme Court. And for that, I am doing some prioritisation of the matters to be listed,” he said.
Justice Kant also said he cannot do this alone and the judges of the apex court have extended their full cooperation in this regard.
Stating that the judicial system will face new challenges, the CJI cited cases of digital arrest and cybercrimes.
“So, new challenges will continue to come. First, we need to update our judiciary,” he said, adding, “We must update our judicial officers with newer challenges and how to deal with those issues”.
Speaking about optimum utilisation and fair evaluation of human resources, he said there must be recognition of merit in the institution.
Asked about diversity in judiciary, the CJI said there is a paradigm change in the Indian judicial system in the way the society has grown and the way the country has moved forward.
He said there is a concerted effort now to bring judges from different regions to ensure community and regional representation.
“And in that process, we have always kept in view that the persons having the background of marginalised communities, the women, they must get adequate and fair representation. And that inclusivity, that diversity, has really brought a very rich culture in the Supreme Court,” Justice Kant said.
On judicial independence, he said when we talk of independence of the judiciary, one must keep in mind the basic principle, which is the constitutional philosophy of separation of powers.
“The judiciary, the legislature and the executive… the Constitution has so beautifully defined their respective roles, ensuring that there is no overlapping. But at the same time, it is the beauty of our Constitution that a unique compatibility, a unique complementary relationship qua each other, is what our constitutional philosophy says,” the CJI said.
He added that the inter-dependability in the Constitution is also well defined.
“So, it’s a machinery where all three organs work together, complement and supplement each other, maintaining their independent identity,” Justice Kant said.
He also stressed that mediation is proving to be a very effective tool as it is cost-effective as compared to the alternative dispute resolution mechanisms, and creates a win-win situation for both parties.
Speaking about access to justice, the CJI said, “One of the challenges when we talk of access to justice is how to ensure that a person belonging to the vulnerable classes or the marginalised sections of society gets quality legal assistance in court.”
“Now, when I talk of access to justice, my first priority is to ensure how to reduce the cost of litigation and how to prescribe a reasonable timeline within which the matters are decided,” he said.
Justice Kant said that for cost-effectivity, the judiciary has expanded the platform of free legal aid, especially for the vulnerable classes or those living below the poverty line.
He also talked about a massive programme throughout the country to provide quality legal assistance, and said that competent lawyers are being engaged to ensure quality legal assistance to those who need it.
The CJI said that as far as timeline and predictability are concerned, “the district judiciary needs to be sensitised”.
Justice Kant also said that he is a very optimistic person, and he is absolutely confident that both the Indian democracy and the justice delivery system have a very bright future.
“The reasons are very obvious. First, Indian people have absolute commitment to the constitutional principles. Second, Indian people are committed to the rule of law. And third, Indian people have commitment to democracy,” the CJI said. (PTI)
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