Some HC Judges' Performance Disappointing, They Should Reflect How Much Public Money Was Spent On Them Each Day : Justice Surya Kant

While speaking at an event, Supreme Court judge Justice Surya Kant yesterday expressed disappointment with the work commitment of some High Court judges. The judge said that while some High Court judges are headstrong in their commitment and carry heavy burdens as torchbearers of justice, there are others whose performance is "deeply disappointing".

"To those whose dedication falls short, I have a simple request—before you rest your head on your pillow each night, ask yourself one question: How much public money was spent on me today? Have I repaid society for the trust placed in me?" the judge remarked.

Justice Kant expressed his concerns while referring to factors which contribute to delay in deciding cases, like adjournments and long hearings of complex matters. "...millions of citizens are not just waiting for their cases to be heard—they are waiting for us to remember why we chose to serve justice in the first place", the judge added.

Justice Kant was speaking at the inaugural session of Supreme Court Bar Association's lecture series on 'Justice for All - Legal Aid and Mediation: The Collaborative Role of Bar and Bench'. Apart from Justice Kant, the event was presided over by Chief Justice of India BR Gavai and SCBA President Vikas Singh.

At the beginning of his address, Justice Kant underlined a 'paradoxical' situation created in recent times, where access to justice is limited to those coming from "prosperity". The judge culled from his recent experience an anecdote about how he was moved to question appearance of only senior advocates in a matter - as to whether such concentration of legal talent, solely based on means, was truly serving the goals of justice.

"When legal fees eclipse monthly incomes, when procedures demand literacy that millions lack, when courthouse corridors intimidate more than they welcome—we face a stark reality. We have built temples of justice with doors too narrow for the very people they were meant to serve."

In this backdrop, Justice Kant highlighted the importance of 'legal aid' as a means to balance the scales. "Legal aid is not mere legal charity---it is constitutional oxygen, essential for democracy's survival", the judge said. Adding a personal touch, Justice Kant recapitulated his interaction with a district judge, who told him about an elderly man who knocked the Court's doors after being cheated by a property dealer. This man asked 'for only what was fair' and through legal aid, was able to recover his life savings.

Subsequently, Justice Kant underlined key judicial decisions which established equal justice and free legal aid (Article 39A of the Constitution) as important rights, such as M.H. Hoskot v. State of Maharashtra and Khatri v. State of Bihar. To convey the contribution of institutional responses for addressing needs of specific communities, the judge referred to NALSA's 'Veer Parivar Sahayata Yojana' which established specialized networks across Sainik Boards at District, State, and National levels.

"For our defence personnel, legal complications frequently emerge when they are stationed far from home. A soldier in Kashmir cannot easily address a property dispute in Kerala, nor can a sailor on deployment personally handle family court matters. This innovative scheme addresses such realities by providing dedicated legal support and training defence families as paralegal volunteers."

Justice Kant also spoke on the crucial role of advocates in securing legal aid to marginalized sections of society and those with limited means. "Systemic change begins with individual courage and collective action", the judge said. In this regard, Justice Kant especially appreciated the response received by Supreme Court Legal Services Committee from advocates willing to assist about 4600 convicts in need of legal representation before the top Court.

"The increased participation of dynamic young lawyers in the Supreme Court Legal Services Committee to represent cases of indigent litigants stands as a shining example of this goal...Their collective dedication transformed what seemed like an overwhelming challenge into a testament of the Bar's unwavering commitment to justice."

The judge also impressed upon all senior SCBA member to consider taking on 2 additional pro bono cases every month.

Moving on, he spoke of the challenge presented by long pendency of cases and denial of timely justice. The judge commented that in some cases, 'justice delayed' becomes 'justice denied' and it needs to be ensured that access to justice is not available as a guarantee only on paper.

At last, Justice Kant underlined the significance of mediation in dispute resolution and how, as opposed to court adjudication, it preserves relationships. "when mediation becomes culture, courts become sanctuaries of last resort rather than first response...while mediation may not be one-size-fits-all, it can be tailored to each dispute's unique dimensions", the judge said, while recounting one of his experiences as Advocate General of Haryana, where his efforts to mediate led to the settlement of a multi-crore dispute that had been pending for years with a German bank.

"That experience taught me an invaluable lesson: when parties approach each other with genuine intent to resolve rather than defeat, and when skilled mediators create the right environment for dialogue, even the most complex international disputes can find swift resolution."

In this regard, the judge spoke of the success of Supreme Court's nationwide "Mediation for the Nation" campaign and lay forth a vision for every district to have a dedicated mediation centre by 2030.

"Law is not a monument to be admired from afar—it is a living garden that requires constant tending. Legal aid plants seeds of hope in barren ground. Mediation nurtures understanding where only conflict once grew...Let us be the generation that proved justice is not a privilege to be purchased, but a promise to be kept", said Justice Kant while ending his lecture.

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