Ananya Bhatnagar
Justice Surya Kant, who is going to become the next Chief Justice of India (CJI), has given a big message regarding the future of the Indian judiciary. In an exclusive conversation with CNN-StuffUnknown, he clearly said that the time has come for India to move beyond the British model courts and develop its own ‘indigenous judicial system’. A system which is in accordance with Indian society, Indian people and Indian culture. Justice Surya Kant will take oath as the 53rd Chief Justice of the country on Monday.
Justice Surya Kant said that there is a need for reforms at many levels to give the Indian Judiciary a truly Indian look. There will have to be changes not only in processes but also in thinking and structure. He said, the time has come to move beyond the colonial courts and create an Indian model. In response to a question, he said that the courts of India still largely follow the system designed during the British rule, be it the courtroom procedure, the language of the court or many old laws.
The entire judicial structure was created in the colonial context. It is necessary to change it according to the current needs of the Indian society. This change has to happen at many levels. Structural, process and judiciary culture – all three will have to be made Indian.
-Justice SuryakantThe Indian justice system should be such that justice does not remain on paper but is felt by the public. He became a part of the social structure of India. Justice should not only be given, the public should also feel it.
-Justice Suryakant
Focus on accessible justice
Justice Surya Kant said, the justice system of the new India will be strong only when it is easy for the common citizen, especially in rural India. He said, colonial courts were away from the public, their design was power-centric. The common man gets nervous as soon as he goes to the court. Many processes are so technical that access to justice becomes difficult. A real Indian judiciary, he stressed, would be one that is simple, digital, and which even rural citizens can use without fear.
Emphasis on conciliation, mediation and mutual solution
Justice Surya Kant said that the judicial tradition of Indian society has been different from the British system. Reconciliation and resolution have been given priority in India for centuries. According to him, the British model was completely adversarial. But Indian culture is based on reconciliation and solution. There should be a balanced combination of both in an Indian justice system.
There should be transparency in the appointment of judges
Justice Surya Kant also said that real reform in the judiciary will happen only when the appointment process of judges is streamlined. Increase transparency. Timely disposal of pending cases should be ensured. He said, the delay, ambiguity and complexity of the colonial era must be ended. People should get fast and reliable justice. Justice should not only be given, the public should also feel it.
Why is ‘Indigenous Judicial System’ necessary?
Indian society has changed. Access to justice is not easy even today. Judiciary is burdened with pending cases. There are many laws and procedures which do not match with today’s India. And most importantly, India now wants institutions based on its identity. This statement of Justice Surya Kant is being considered as the vision that will decide the direction of the Indian judiciary in the times to come.
