Access to justice has been a privilege of prosperity: Justice Surya Kant

New Delhi, Aug 20 (PTI) Supreme Court's Justice Surya Kant on Wednesday called for bridging the gap between the highly privileged and the most vulnerable when it comes to access to justice.

Speaking at the lecture titled "Justice for all- Legal Aid and Mediation: The collaborative role of Bar and the Bench", Justice Kant said legal aid was not a mere legal charity, but "constitutional oxygen" essential for democracy's survival.

"What troubles me profoundly is a paradox we have unwittingly created -- in the world's largest democracy, access to justice has been till recent a privilege of prosperity. 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." The top court judge continued, "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." Referring to a recent case hearing in his court, he said a battery of senior advocates appeared and wanted the petition to be entertained directly by the top court.

"When I reacted, it definitely came from my heart. I said are we going to turn the Supreme Court only for selected litigants and selected lawyers. When we say the temple of justice we talk about those who don't have access to justice. We need to have a balance in justice irrespective of their status in profession or as a litigant," Justice Kant said.

The judge, who is also the executive chairperson of NALSA, said the law "must speak every language, teach every village and answer every call for justice".

"We need courage to innovate, wisdom to collaborate, and determination to succeed. I invite senior members of the bar to consider taking 2-3 additional matters each month pro bono on behalf of legal aid committee or those referred by state legal services committees," he said.

Justice Kant underscored the importance of knowledge sharing between the bar and the bench for developing a successful legal framework in the country, noting considerable strides in expanding access to legal aid and strengthening the constitutional framework.

"However, as we celebrate these achievements, we must confront an equally pressing challenge that threatens to undermine our progress. While case pendency and legal aid operate in different spheres of our justice system, they converge at a critical point — the citizen's quest for timely justice. With a substantial number of cases pending across all tiers of our judiciary, we face a sobering reality -- even the most robust legal aid framework loses its meaning when justice arrives too late." The judge said the volume represented millions of citizens awaiting judicial determination, and justice delayed was often justice denied for them.

"It reflects our collective responsibility to ensure that constitutional guarantees of accessible justice are not just available on paper but delivered within reasonable time. The question we must ask ourselves is: what drives this accumulation of cases?" he asked.

The judge opined adjournment requests though often necessary, had become frequent features of court proceedings.

"Complex matters requiring multi-day hearings further affect case flow. Though these practices individually reflect our dedication to justice and due process, their cumulative effect necessitates collective examination of how we might enhance efficiency without compromising judicial integrity," he added.

Justice Kant said today's lawyers embracing mediation didn't just resolve disputes but honoured an ancient legacy.

"They choose understanding over victory. Conversation over conquest. Healing over harm. Courts decide. Mediators heal. Both serve justice, but only the latter preserves relationships. This ancient wisdom has now found its most comprehensive legal expression in the Mediation Act of 2023," he said. PKS AMK AMK