In a significant address that highlighted the foundational role of India's judicial system, Chief Justice of India Surya Kant on Saturday described high courts as the primary sentinels guarding the doorsteps of ordinary citizens. Speaking at a felicitation programme of the Bombay High Court in Mumbai, CJI Kant emphasized that these courts must ensure the rule of law is not a distant concept but a localized, breathing reality for the common man.
High Courts as Vibrant Centers of Justice
CJI Kant urged high courts to move beyond their traditional roles as mere revisional or appellate bodies. He stressed that they should transform into vibrant and accessible centers for constitutional remedy, rather than serving as stepping stones to the Supreme Court. This proactive approach, he argued, is essential for making justice more tangible and immediate for all citizens.
The Vital Role of High Courts in Upholding Rights
While acknowledging the Supreme Court's position as the highest judicial authority with the final word, CJI Kant pointed out that a high court's decisions are often the most vital in people's lives. He illustrated this by noting instances where high courts have issued crucial directions to protect the environment, ensure the dignity of marginalized groups like prisoners, and secure the rights of migrant workers during national crises.
"When the law is silent, the sentinel does not remain mute," CJI Kant remarked, underscoring the dynamic and responsive nature expected of high courts. This statement reinforces their duty to act decisively in situations where legal frameworks might be ambiguous or insufficient.
Criticism of Direct Approaches to Supreme Court
In a pointed critique, CJI Kant expressed strong opposition to litigants bypassing high courts to approach the Supreme Court directly. He stated, "I am often loudly vocal against those who approach us without first availing the remedy to move the high court." He cautioned that wealthy and privileged individuals should not misuse Article 32 of the Constitution, which allows direct access to the Supreme Court for enforcing fundamental rights, as a shortcut.
Article 32 and Its Proper Application
Article 32 of the Indian Constitution empowers citizens to seek direct intervention from the Supreme Court for the enforcement of their fundamental rights. However, CJI Kant's remarks highlight a growing concern about its potential misuse, advocating for a more structured approach where high courts serve as the first line of defense in the judicial process.
This address by CJI Surya Kant not only reaffirms the critical function of high courts in India's legal landscape but also calls for a renewed commitment to making justice more accessible and equitable. By positioning high courts as proactive sentinels, he envisions a judiciary that is both responsive and rooted in the everyday realities of Indian citizens.
