‘Justice Delayed Is Not Only Justice Denied But Justice Destroyed': CJI Surya Kant

Chief Justice of India (CJI) Surya Kant on Saturday said that delay in judicial intervention does not merely deny justice but destroys it, stressing that timely action by courts is often the only real protection available to citizens against executive excess.

He further called High Courts the first line of defence for ordinary citizens, and urged them to be more proactive and vigilant in addressing systemic failures in the rule of law.

The Chief Justice was speaking at two events in Mumbai, one at the Fali Nariman memorial lecture and the second at a felicitation programme organised by the Bombay High Court.

While addressing the Fali Nariman memorial lecture on the topic ‘Article 226 as the Guardian of Access to Justice’ held at Mumbai University’s

convocation hall, CJI Kant urged High Courts to be more proactive and remain alert to systemic failures in the rule of law and not wait for the knock on its doors.

“The goal must be to transform access to justice from a passive right to a state-guaranteed service. Justice delayed is not only justice denied but it is justice destroyed,” he said as quoted by news agency PTI.

VIDEO | Mumbai: CJI Surya Kant speaks during Fali Nariman Memorial Lecture organised by Bombay Bar Association.

(Full video available on PTI Videos – https://t.co/n147TvrpG7) pic.twitter.com/8SOZjSurKF

— Press Trust of India (@PTI_News) January 24, 2026

Emphasising the constitutional role of High Courts, the CJI said that they occupy a unique position as the first and most vital line of defence against illegal detention, administrative excess and violations of dignity. He underlined that High Courts were never meant to function merely as appellate or revisional courts or as stepping stones to the Supreme Court, but as vibrant constitutional courts providing immediate and effective remedies.

Justice Kant described High Courts as the “true first constitutional court” for citizens. While the Supreme Court may have the final word, he said, the High Court often has the most vital one, as it hears the first cry of injustice—from illegal detention and threats to dignity to environmental harm and administrative failure.

“High Courts are the primary sentinel guarding the doorsteps of the ordinary citizen, ensuring that the rule of law is not a distant concept but a localised, breathing reality,” he said.

Article 226 of the Constitution grants powers to the high court to issue directions, including writs, to any person, authority or government to enforce fundamental rights of citizens.

“Perhaps the most critical, yet overlooked, facet of access provided by Article 226 is the power of interim relief. The high court’s ability to stay an executive action at the very first hearing is often the only real ‘access’ the citizen ever experiences,” CJI Kant stated.

“While the Supreme Court may have the final word, the high court often has the most vital one,” he opined.

“When the law is silent, the sentinel does not remain mute. We have seen high courts issue directions to protect the environment, ensure dignity of every human being, like prisoners, and securing the rights of migrant workers during a national crisis,” CJI Kant said.

The CJI urged high courts to strengthen and adapt to the digital era so that access to justice is easier.

CJI Kant said he is often loudly vocal against those persons who approach the Supreme Court directly without first availing the remedy to move the high court.

“People who are rich and privileged should not think that they have direct access to the Supreme Court merely because Article 32 of the Constitution allows it,” he said.

Remembering the contribution of Fali Nariman during the Emergency period, CJI Kant said the turbulent 1970s brought the nation to a constitutional crossroads.

The declaration of Emergency tested the very soul of democracy, he said.

The CJI said the country’s constitutional journey cannot be understood without first recalling the long shadows cast by colonial rule and the fact that our citizens lived under laws that were often instruments of control rather than guardians of freedom.

“Civil liberties were not merely neglected but they were deliberately muted and denied. The voices of Indians were muted by ordinances, censorship, preventive detention, and laws that prioritised imperial convenience over human dignity,” he said.

While speaking at the felicitation programme by the Bombay High Court, CJI Kant emphasised on the need to strengthen dispute resolution beyond the courtroom.

“The future of justice depends not only on how efficiently we adjudicate disputes but also on how wisely we resolve them. Mediation, reconciliation, and arbitration are not just alternatives of convenience but they are instruments of mature justice,” he said.

They preserve relationships, reduce costs and delays, and allow courts to focus their energies to cases where authoritative adjudication is truly required, CJI Kant said.

“Courts must create an environment where mediation is encouraged. The success of these mechanisms rests largely on a proactive court where judges are open to exploring alternative dispute resolution with seriousness,” he urged.

(With inputs from agencies)