Justice Surya Kant Flags Judicial Underperformance, Calls Legal Aid “Constitutional Oxygen”

Speaking at the inaugural lecture series organised by the Supreme Court Bar Association (SCBA) on the theme “Justice for All – Legal Aid and Mediation: The Collaborative Role of Bar and Bench”, Justice Kant said that judges must engage in daily self-reflection about their responsibilities.

“In a humble way, I would convey to the High Court judges that some of them are performing outstandingly… But some judges are still underperforming. To my mind, they have the capacity and capability to deliver. They need to ask one question to themselves before they go to bed, have I repaid the system?” he said, underlining that the public bore the cost of running courts.

Justice Kant, who also serves as Executive Chairperson of NALSA, said access to justice in India remained “a privilege of prosperity” as high legal fees, complex procedures and intimidating court environments often excluded ordinary citizens.

“We have built temples of justice with doors too narrow for the very people they were meant to serve. The scales of justice cannot balance when only one side can afford to place their grievances upon them,” he remarked.

Referring to a recent case where a group of senior advocates pressed the Supreme Court to hear a matter directly, he said he had cautioned against turning the top court into an exclusive forum for “selected litigants and selected lawyers.”

“When we say temple of justice, we talk about those who don’t have access. We need balance in justice irrespective of the litigant’s or lawyer’s status,” he said.

Justice Kant pressed senior lawyers to expand their pro bono work, suggesting they take up at least two or three additional legal aid cases each month.

“Legal aid is not mere charity. It is constitutional oxygen essential for democracy’s survival. When we speak of legal aid, we speak of India’s promise to herself,” he declared.

He stressed that law must “speak every language, teach every village and answer every call for justice,” adding that senior members of the Bar have a duty to extend professional assistance to the most vulnerable.

Calling mediation an “extraordinary tool,” Justice Kant recalled a dispute that had lingered for 37 years before being resolved through dialogue. “Courts decide, mediators heal. Both serve justice, but only the latter preserves relationships,” he said.

He urged lawyers to embrace mediation not only as a statutory remedy under the Mediation Act, 2023 but also as a way to restore trust and heal communities. “They choose understanding over victory, conversation over conquest, healing over harm,” he said.

On the issue of case backlogs, Justice Kant acknowledged that even the strongest legal aid system would lose its meaning if justice was delayed. With millions of cases pending across judicial tiers, he said adjournment requests and prolonged hearings often slowed progress.

“While adjournments and long hearings reflect dedication to due process, their cumulative effect demands collective examination of how to enhance efficiency without compromising judicial integrity,” he noted.

He emphasised that collaboration between the Bar and Bench could expedite disposal of pending matters “even without extraordinary additions to infrastructure.”

Justice Kant concluded with a call for reform and shared responsibility. “We need courage to innovate, wisdom to collaborate, and determination to succeed,” he said, reminding both lawyers and judges that justice must be accessible in practice and not remain a privilege for the few.