Mumbai, Jan 24: Chief Justice of India Surya Kant on Saturday said High Courts must act as proactive “primary sentinels” of the rule of law and remain alert to systematic failures, 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 said High Courts should not wait for citizens to knock on their doors but actively safeguard constitutional rights. “The goal must be to transform access to justice from a passive right into a state-guaranteed service,” he said.
Emphasising the role of High Courts, CJI Kant said they are not mere revisional or appellate forums, nor stepping stones to the Supreme Court. “High Courts are the primary sentinel guarding the doorsteps of the ordinary citizen, ensuring the rule of law is a localised, breathing reality,” he said, adding that while the Supreme Court may have the final word, High Courts often deliver the most vital one.
At the felicitation programme, the CJI underlined the importance of strengthening dispute resolution beyond courtrooms. He said mediation, reconciliation and arbitration are instruments of “mature justice” that preserve relationships, reduce costs and delays, and allow courts to focus on cases requiring authoritative adjudication. He urged judges to proactively encourage alternative dispute resolution mechanisms.
CJI Kant also called for High Courts to adapt to the digital era to improve access to justice. He noted that Maharashtra provides liberal and timely budgetary support to the judiciary, with requests being met without delay.
Criticising the tendency of approaching the Supreme Court directly, the CJI said he is vocal against bypassing High Courts. “The rich and privileged should not assume direct access to the Supreme Court merely because Article 32 permits it,” he said.
Recalling senior advocate Fali Nariman’s role during the Emergency, CJI Kant said the period tested India’s democratic soul. He noted that colonial laws and Emergency-era measures suppressed civil liberties, teaching the nation that rights without remedies are hollow. (Agencies)
