CJI Surya Kant Envisions Digital Transformation for High Courts as Constitutional Guardians
Chief Justice of India Surya Kant, in a significant address on Saturday, drew a powerful analogy by likening the Indian Constitution to a “mighty river” that must flow dynamically to meet contemporary challenges. Speaking at the Fali Nariman Memorial Lecture in Mumbai, the CJI outlined a forward-looking vision for the nation's High Courts, emphasizing their critical role as proactive sentinels of justice in the digital age.
Embracing Technology for Accessible Justice
The 53rd CJI, who assumed office last November, stressed that for High Courts to be future-ready, they must evolve and adapt to overcome the frontiers of the digital gateway. He highlighted the urgent need to protect citizens' rights from potential infringement by “automated systems” and burgeoning technologies while harnessing innovation to ensure judicial equality.
“Online video conferencing hearings should be embraced by High Courts as a permanent pillar of accessibility,” Justice Kant asserted. He called for procedural innovation to address the “right-remedy gap” and advocated for courts to act as catalysts for genuine administrative change through enhanced monitoring and supervision mechanisms.
Article 226: The Guardian of Constitutional Conscience
Delivering his lecture on the topic “Sentinel on Qui Vive: Article 226 as the Guardian of Access to Justice,” the CJI elaborated on the extraordinary jurisdiction of High Courts under Article 226. He described it as the true “First Constitutional Court” for citizens, whose reach extends beyond fundamental rights violations to encompass any legal injury, enforcement of statutory duties, and containment of administrative caprice.
“This ‘extraordinary jurisdiction’ is precisely what makes the High Court the Sentinel on Qui Vive,” Justice Kant remarked, adding, “When the law is silent, the Sentinel does not remain mute.”
He emphasized that the future of Article 226 lies in creating a “Court without Walls,” where legal protection becomes a seamless, accessible reality. “A tribal woman in Gadchiroli or a worker in a remote corner of the Northeast should not have to travel hundreds of miles to seek a writ of mandamus,” he stated, underscoring the need for decentralized justice.
Strengthening Dispute Resolution Beyond Courtrooms
The CJI underscored the importance of strengthening dispute resolution mechanisms beyond traditional courtrooms. “The future of justice depends not on how efficiently we adjudicate disputes but on how wisely,” he observed, advocating for mature methods like arbitration, mediation, and conciliation that preserve relationships and reduce systemic clutter.
He cautioned against routine matters with alternate remedies overwhelming the judicial system, noting that “access to justice is hollow if it comes after a decade of litigation.” Justice Kant emphasized that ameliorating the role of the High Court requires a disciplined Bar and a focused Bench, with justice sustained by collective discipline in discharging duties.
Critical Role of Interim Relief
Perhaps the most critical yet overlooked facet highlighted by the CJI is the power of Interim Relief under Article 226. “For a small farmer whose land is being seized or a student wrongly denied admission, justice delayed is not just justice denied; it is justice destroyed,” he stated.
The High Court's ability to stay executive action at the very first hearing often represents the only real “access” citizens experience, serving as a hallmark of the court's protective jurisdiction to intervene at the threshold and preserve status quo.
Praise for Bombay High Court and Administrative Matters
Later, at his felicitation ceremony, the CJI praised the Bombay High Court for its stellar legacy of clarity and courage, noting how its judges have demonstrated that “independence is preserved through self-discipline and public confidence is earned through consistency.”
In response to requests from Deputy Chief Ministers Eknath Shinde and Ajit Pawar, Justice Kant assured that he would examine their plea to make the Kolhapur circuit bench a “permanent bench,” promising consistent support from the Supreme Court.
Additionally, Supreme Court Judge Dipankar Datta raised a practical concern regarding fuel allotment for High Court judges, suggesting an increase from 200 litres per month to 2,400 litres per year to prevent wastage of unused quotas. The CJI committed to resolving this “seemingly anomalous situation” promptly.
Tributes to Fali Nariman and Constitutional Values
Earlier during the memorial lecture, the CJI paid heartfelt tributes to the late jurist Fali Nariman, recalling his integrity when he resigned as Additional Solicitor General during the Emergency. Justice Kant noted that Nariman understood early on that the Indian Constitution is a living charter to be “courageously invoked against the currents of power.”
He reflected that through Article 226, High Courts fulfill the preambular promise of “social, economic, and political justice,” transforming from mere dispute resolution forums into Guardians of the Constitutional Conscience.
Personal Insights and Regional Connections
Bombay High Court Chief Justice Shree Chandrashekhar spoke of CJI Kant's middle-class upbringing that instilled values of “hard work, honesty, discipline, and friendship,” teaching resilience and purpose. Unlike many, Justice Kant continued his academic pursuits after becoming a High Court Judge by completing his masters in law from Kurukshetra University.
Deputy Chief Minister Eknath Shinde drew parallels between Haryana, the CJI's hometown, and Maharashtra as lands of valiant warriors. He highlighted various landmark decisions by Justice Kant, including the “India’s Got Latent” case where the CJI underscored that the fundamental right to free speech must be exercised with caution, and that “the right to dignity is greater than the right to free speech.”
Shinde also emphasized the need to balance development with environmental concerns, announcing that the new Bombay High Court building would be “iconic.” He noted that the conviction rate in Maharashtra has reached 35% with plans to increase it to 60% soon.
Through his comprehensive address, CJI Surya Kant has charted a transformative path for India's judiciary, calling for digital adaptation, strengthened accessibility, and unwavering commitment to constitutional values as High Courts evolve to meet the demands of a changing society.
