Kochi: Chief Justice of India (CJI) Surya Kant on Sunday stressed the need to introspect on whether the judicial system could become more responsive, citing the growing trend of litigants approaching the Supreme Court for urgent listing or early hearings of cases pending before High Courts.
During his inaugural address at the Platinum Jubilee Ceremony of the Kerala High Court in Kochi, CJI Surya Kant said, “The Supreme Court has consistently respected the institutional autonomy of High Courts, including their authority to regulate their own rosters. That position is rooted in respect for the constitutional status of these institutions. Yet the frequency of such requests invites us to consider whether there is room to improve the responsiveness of our processes.”
The CJI emphasised the need to make the judicial process more accessible, transparent and efficient, raising questions about timely hearings, technology-driven case prioritisation and equal access to justice. He said:
“We must ask ourselves — can urgent matters be identified more effectively? Can listing procedures be made more transparent and predictable? Can technology assist in prioritising cases where delay may cause irreversible prejudice? And can we ensure that a litigant’s access to timely justice does not depend upon their ability to travel to the national capital?” he said.
The CJI further stated that constitutional justice in India does not begin and end in New Delhi, as its strength lies in a robust network of 25 constitutional High Courts spread across the country, “each entrusted with the duty of protecting rights and upholding the rule of law”.
He said that the High Courts remain closely connected to the everyday realities of the people, as they understand the language of local grievances, the circumstances of regional communities, and the practical consequences of governmental action.
He further said that under Article 226 of the Constitution, the High Courts have a wide canvas “to fashion meaningful remedies across diverse legal, statutory, administrative and contractual disputes”.
“Equally important is their power to grant timely interim protection. Sometimes, the difference between justice and injustice lies not in the final judgment, but in whether the court intervenes when intervention is most needed,” the CJI said in his address.
Referring to the Kerala High Court’s seven-decade-long history, CJI Surya Kant said both the High Court and the state of Keralam were established in 1956, with their journeys over the past 70 years closely intertwined.
He said that the court played a vital role in the state’s constitutional development.
“Through its decisions, it has helped translate constitutional principles into lived realities, ensuring that the rights and liberties of citizens remain protected and that public power is exercised within the bounds of law,” the CJI said.
He said that the Kerala High Court’s history did not begin with the formation of the state; rather, it inherited a centuries-old “rich judicial tradition” from the regions that now constitute Keralam.
“From the early courts of Travancore and Cochin, to the establishment of the Travancore High Court in 1887 and the Travancore-Cochin High Court in 1949, each successive institution contributed to the foundations upon which the present Court was built,” Justice Kant said.
He said that the progressive spirit of the High Court was evident in its constitutional jurisprudence. “Whether through its extensive engagement with doctrines of environmental protection, or its invocation of fundamental rights to safeguard life and personal liberty, this High Court has repeatedly demonstrated that constitutional promises must find expression in everyday realities,” he said.
The CJI stated that one example of this was the High Court’s 1999 order prohibiting smoking in public places, making it the first constitutional court in the world to do so.
“It was a remarkable instance of constitutional foresight, where the Court did not wait for society to catch up with the law, but used the law to show society the way forward,” he said.
He said that Keralam has long demonstrated that progress is sustained through the combined strength of education, social awareness and public participation.
Justice Kant said that, just like Keralam’s backwaters, where countless streams and waterways ultimately sustain one interconnected ecosystem, the constitutional courts in India too must retain their individual authority while working in harmony towards a shared purpose.