CJI Kant bats for uniform national judicial policy, says time ripe to reinforce predictability

CJI Kant bats for uniform national judicial policy, says time ripe to reinforce predictability

New Delhi, Chief Justice of India Surya Kant on Wednesday, for the first time, mooted the idea of a uniform national judicial policy to minimise unpredictable and avoidable divergence of opinions in cases by constitutional courts.

CJI Kant bats for uniform national judicial policy, says time ripe to reinforce predictability

Observing that there are 25 high courts and multiple benches of the Supreme Court, the CJI said it is high time to minimise unpredictability and avoidable divergence that may arise.

He was speaking at a function organised by the Supreme Court to celebrate the Constitution Day.

"The time is also ripe for us to reinforce predictability in our judicial approach. One constructive way forward, in my opinion, can be the evolution of a uniform national judicial policy, an institutional framework that encourages coherence across jurisdictions so that our courts speak with clarity and consistency," the CJI said.

President Droupadi Murmu, senior-most apex court judge Justice Vikram Nath, Law Minister Arjun Ram Meghwal, Attorney General R Venkataramani, Bar Council of India Chairman Manan Kumar Mishra and Supreme Court Bar Association president Vikas Singh also spoke during the function.

In his address, the CJI said justice cannot resemble a set of instruments producing harmonious notes in isolation but discordant sounds when played together.

"Instead, we must strive for a judicial symphony, one rhythm expressed in many voices and languages, but guided by a common constitutional score," he said.

He referred to the judiciary's unwavering dedication to reading the Constitution in harmony with evolving realities, consistently upholding its duty as the Constitution's vigilant guardian.

Justice Kant said the judiciary has continuously evolved and breathed life into the words inscribed in the Constitution, guided by the single-minded objective of ensuring that justice eludes no one.

Highlighting the importance of the constitutional promise of access to justice, he said, "Without such access, liberties become ornamental and constitutional guarantees lose their resonance in the lives of ordinary people."

The CJI said if access to justice is our moral and constitutional north star, then predictability, affordability and timeliness form its core supports.

"Despite that, when we look closely at the functioning of our justice delivery system, there is still a disquieting gap between the constitutional vision and the experiences of many, particularly those on the margins for whom the ideals of access to justice remains elusive due to exorbitant cost, language, distance and delay," he said.

The CJI said these barriers weaken the very overarching goal the judiciary seeks to protect and, in doing so, magnify existing inequalities.

He said realising the precept of access to justice is an act of constitutional fidelity and the first step in that direction must be through the augmentation of judicial infrastructure in aid of effective justice delivery.

"By judicial infrastructure, I speak not only of physical infrastructure or facilities but also of the technological, administrative and human systems that enable justice to function," Justice Kant said.

He said this infrastructure is the bedrock on which meaningful reform rests and forms an indispensable element of constitutional performance.

The CJI said while the judiciary remains the sentinel of the Constitution, the judiciary must acknowledge that the justice system extends beyond formal adjudication.

"It requires a conceptual isolation of complementary pathways that are accessible, credible, and firmly anchored in the constitutional values," he said.

He underscored that one of the most transformative developments in contemporary jurisprudence has been the emergence of mediation as a central pillar of our justice delivery system.

He also referred to arbitration and other forms of alternative dispute resolution.

The CJI said institutionalised arbitration has the capacity to transform not only domestic disputes resolution, but also India's global legal standing.

He said India is steadily positioning itself as a preferred destination for international dispute resolution.

Justice Kant also highlighted how the use of technology like digital filing, virtual hearings and modern case management tools has already begun to democratise access to justice.

"Nevertheless, technology must still be deployed with sensitivity and should remain inclusive, particularly for those who lack resources for connectivity," he said.

The CJI said as the Indian judiciary has successfully employed technology as a part of ongoing efforts to advance the goal of providing access to justice for all, "we remain committed to sharing our practices and expertise with friendly nations".

"It is my conviction that the comity of courts should no longer be regarded as an abstract diplomatic ideal," he said.

The CJI said "the Indian Constitution has guided us" from the uncertain steps of a young nation finding its footing to the confident stride of a country now counted among the world's largest economies.

"Yet through all this transformation, one constant has anchored our progress, and that is, the Constitution has remained our enduring grundnorm, the stabilising force that has allowed change without chaos and growth without drift," he said.

November 26 is observed as Constitution Day since 2015 to commemorate the adoption of the Constitution of India by the Constituent Assembly in 1949. The day was earlier observed as Law Day.

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