CUTTING DELAYS, WITH A LITTLE HELP FROM MEDIATORS

NDIA gets a new Chief Justice as it marks the 76th anniversary of the adoption of the Constitution.

- C RAJ KUMAR

CUTTING DELAYS, WITH A LITTLE HELP FROM MEDIATORS

(MEDIATORS)

A new judicial era has begun with the appointment of Justice Surya Kant as the 53rd Chief Justice of India. His rise from humble origins to the high office reflects the democratic character and inclusivity of our public institutions.

The new CJI has a unique opportunity to develop the constitutional vision of 'access to justice'. His nearly-15-month tenure has the potential to make a substantive impact on the future of the judiciary. The elements of consensus and continuity while bringing about change will be critical. Given this, CJI Kant should consider focusing on three critical aspects of judicial governance.

The constitutional vision is partly clouded at present. The World Justice Project's Civil Justice Index uses accessibility, affordability, delay, and legal aid as metrics to evaluate justice systems. India ranked 114th out of 143 jurisdictions on the index for 2025. This indicated high costs, long delays, and limited use of alternative dispute resolution (ADR) mechanisms.

Broadening the scope of access to justice beyond the National Legal Service Authority (Nalsa) will require the active involvement of the bar, and of the corporate and transactional world of legal practice. Access to justice ought to be everyone's responsibility.

This brings us to the case for establishing a National Access to Justice Fund to support legal aid and related services. It could be corporate-funded, independently-managed, and tax-incentivised within the broader ambit of Nalsa, directly supporting legal services for people who cannot afford it. This will strengthen and augment Nalsa without compromising on independence or accountability.