CJI seeks national judicial policy to encourage coherence across jurisdictions

CJI Kant pointed to a “disquieting gap between” the “constitutional vision” of access to justice “and the experiences of many.”

CJI seeks national judicial policy to encourage coherence across jurisdictionsChief Justice of India, Justice Surya Kant speaks during the Constitution Day celebration organised by the Supreme Court Bar Association, in New Delhi on Wednesday. (ANI Photo)

Underlining that the Constitution has been the stabilising force that has allowed India’s transformation since Independence “without chaos and growth without drift”, Chief Justice of India Surya Kant on Wednesday called for the evolution of a national judicial policy to reinforce predictability in judicial approach.

Speaking at the Constitution Day celebrations organised by the Supreme Court Bar Association (SCBA), CJI Kant stressed the need 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.”

“As we mark 76 years of our Constitution’s existence, it is imperative that we reinvigorate our pursuit of the constitutional promise of ‘access to justice’, which is a foundation upon which all the other rights rest…” he said.

CJI Kant pointed to a “disquieting gap between” the “constitutional vision” of access to justice “and the experiences of many.”

“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 this constitutional vision and the experiences of many—particularly those on the margins—for whom the ideal of access to justice remains elusive due to exorbitant cost, language, distance, and delay. These barriers weaken the very overarching goal we seek to protect and, in doing so, magnify existing inequalities,” he said.

The CJI said, “Veritably 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.”

Through the country’s transformation and rise over the years, the CJI said, “the Constitution has remained our enduring grundnorm, the stabilising force that has allowed change without chaos and growth without drift.” He added that “a central reason for this abiding stability has been the judiciary’s unwavering dedication to reading the Constitution in harmony with evolving realities…”

 

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