Courts must actively and swiftly function to heal injustices
Adv A.K. Sawhney
A new judicial era is set to begin on 24 November with the appointment of the 53rd Chief Justice of India, Justice Surya Kant. His elevation comes at a moment when the nation’s justice delivery system stands at a crucial crossroads. With rising pendency, infrastructural challenges, slow disposal of cases, and declining public trust, the judiciary needs a leader who is bold, reform-oriented, and unwavering in judicial independence. Justice Surya Kant is widely known for these qualities. His arrival has therefore ignited a renewed sense of hope within the legal fraternity as well as among citizens who look to the courts for timely and meaningful justice.
Justice Surya Kant’s reputation is built on merit, integrity, and a consistent commitment to judicial independence. He has long been vocal about strengthening court systems so that ordinary litigants do not feel abandoned or helpless. His focus on efficiency and accountability is expected to set the tone for the judiciary during his tenure. One of the most urgent reforms anticipated is the filling of more than fifty percent of vacant posts in various High Courts. The shortage of judges across the country has been one of the biggest reasons for the mounting pendency of cases. With his firm stance on transparency in judicial appointments, Justice Surya Kant is expected to ensure that these elevations are made purely on merit. He has openly rejected the culture often referred to as the “uncle judge, papa judge, aunty judge” syndrome, where nepotism overshadows talent. This clarity of principle has already sparked optimism among young advocates and meritorious lawyers who aspire to serve the judiciary.
Another area where his leadership may bring decisive change is the long-pending issue of reserved judgments. Countless cases remain in limbo because judgments reserved months or even years ago continue to languish like files stored in cold, dark rooms. Litigants who have waited a lifetime for closure often suffer silently. Justice Surya Kant has shown sensitivity toward such injustices and is expected to push for timely pronouncement of judgments. If implemented seriously, this could significantly reduce delays and restore confidence in the system.
His tenure may also see a renewed emphasis on constitutional values and the dignity of institutions. Over the years, concerns have been raised about erosion of constitutional morality, weakening institutional integrity, and rising external pressures on judicial bodies. A Chief Justice committed to constitutionalism can play a critical role in re-energising the judiciary and ensuring that its independence is preserved. The credibility and glory of the institution do not rest on grand statements but on consistent judicial action, reasoned judgments, and fearless adjudication. Justice Surya Kant’s record suggests that he understands this deeply.
Technological modernisation is equally expected to move forward. The pandemic had pushed courts into the virtual era, but the transition remains uneven. Many courts still lack proper infrastructure. Justice Surya Kant is known for supporting modern tools and digital modes to improve accessibility. With proper implementation, virtual hearings can revolutionise justice delivery, particularly for litigants from remote regions who often incur heavy expenses just to appear in court.
Execution of decrees is yet another massive area of concern. Lakhs of execution petitions remain pending nationwide, turning successful judgments into meaningless pieces of paper. Justice must not only be declared but must be made real. By streamlining execution procedures and enforcing stricter timelines, the new CJI can ensure that judicial orders translate into actual relief.
Justice Surya Kant has often compared courts to emergency wards of hospitals. Just as a patient in distress expects immediate action, a person seeking justice cannot be told to wait endlessly. The judiciary exists not for itself but for the people whose rights and freedoms it must protect. Even before taking office, there is already a sense of positive vibration and renewed energy across legal circles. Coming events indeed cast their shadows before them, and the expectation is that this new era will usher in a judiciary that is vibrant, accountable, efficient, and genuinely committed to healing injustices.
As the nation awaits this transition, one thing is clear: the judiciary stands on the threshold of transformative change. With strong leadership, unwavering constitutional commitment, and a focus on timely justice, the courts can once again become a beacon of hope for millions.