CJI Kant calls for introspection on need to improve responsiveness of judicial process

Kochi: Chief Justice of India Surya Kant on Sunday called for introspection on whether there is room to improve the responsiveness of the judicial process in view of the growing tendency among litigants to move the Supreme Court for urgent listing or early hearing of matters pending before the High Courts.

CJI Kant said that the apex court has as consistently respected the institutional autonomy of High Courts, including their authority to regulate their own rosters, but the frequency of such requests invites us to consider whether there is room to improve the responsiveness of our processes.

"We must ask ourselves -- can urgent matters be identified more effectively? Can listing procedures be made more transparent and predictable? Can technology assist in prioritising cases where delay may cause irreversible prejudice?


"And can we ensure that a litigant's access to timely justice does not depend upon their ability to travel to the national capital?" were queries he posed during his inaugural address on the occasion of the platinum jubilee anniversary celebrations of the Kerala High Court here.

Justice Kant said that constitutional justice in India does not begin and end in New Delhi as its strength lies in a robust network of 25 constitutional High Courts spread across the country, "each entrusted with the duty of protecting rights and upholding the rule of law".

He said that the High Courts remain closely connected to the everyday realities of the people as they understand the language of local grievances, the circumstances of regional communities, and the practical consequences of governmental action.

He further said that under Article 226 of the Constitution, the High Courts have a wide canvas "to fashion meaningful remedies across diverse legal, statutory, administrative and contractual disputes".

"Equally important is their power to grant timely interim protection. Sometimes, the difference between justice and injustice lies not in the final judgment, but in whether the court intervenes when intervention is most needed," the CJI said in his address.

Referring to the Kerala High Court's seven decade long history, Justice Kant said that the High Court and the state of Keralam were both formed in 1956 and their journey during the last 70 years was closely intertwined with each other.

He said that the court played a vital role in the state's constitutional development.

"Through its decisions, it has helped translate constitutional principles into lived realities, ensuring that the rights and liberties of citizens remain protected and that public power is exercised within the bounds of law," the CJI said.

He said that the Kerala HC's history did not begin with the formation of the state, rather it inherited a centuries old "rich judicial tradition" from the regions that now constitute Keralam.

"From the early courts of Travancore and Cochin, to the establishment of the Travancore High Court in 1887 and the Travancore-Cochin High Court in 1949, each successive institution contributed to the foundations upon which the present Court was built," Justice Kant said.

He said that the progressive spirit of the High Court was evident in its constitutional jurisprudence.

"Whether through its extensive engagement with doctrines of environmental protection, or its invocation of fundamental rights to safeguard life and personal liberty, this High Court has repeatedly demonstrated that constitutional promises must find expression in everyday realities," he said.

The CJI said that one example of this was the High Court's 1999 order prohibiting smoking in public places, the first constitutional court to do so across the world.

"It was a remarkable instance of constitutional foresight, where the Court did not wait for society to catch up with the law, but used the law to show society the way forward," he said.

He said that Keralam has long demonstrated that progress is sustained through the combined strength of education, social awareness and public participation.

Justice Kant said that just like Keralam's backwaters, where countless streams and waterways ultimately sustain one interconnected ecosystem, the constitutional courts in India too must retain their individual authority while working in harmony towards a shared purpose.