Some High Court judges underperforming; can do more: Supreme Court Justice Surya Kant

Supreme Court Justice Surya Kant on Wednesday said that while many High Court judges perform exceedingly well, some continue to underperform despite having the ability to do more.

He emphasised that members of the judiciary must engage in daily self-reflection about their responsibilities.

“In a humble way, I would convey to the High Court judges that some of them are performing outstandingly. The way they prepare, the amount of disposals they give, the quality of hearing and judgments they give. But some judges are still underperforming. To my mind, they have the capacity and capability to deliver. They need to ask one question to themselves before they go to bed - have I repaid the system? The system that has spent so much amount on me in a day,” Justice Kant said.

He added that the realisation of this duty among judges, coupled with the Bar’s commitment to providing the best professional assistance, would help expedite case disposal even without additional infrastructure.

“This ideal collaboration between the two can expedite disposal of matters which are still in queue even if there is no extraordinary addition to the infrastructural facilities as of now,” he said.

Justice Kant made these remarks at the inaugural lecture series organised by the Supreme Court Bar Association (SCBA) on the theme Justice for All – Legal Aid and Mediation: The Collaborative Role of Bar and Bench.

Chief Justice of India BR Gavai and SCBA President Vikas Singh also addressed the gathering.

In his speech, the judge said that access to justice in India continues to be a “privilege of prosperity” with legal fees, procedures and court environment often excluding the common citizen.

“We have built temples of justice with doors too narrow for the very people they were meant to serve. The scales of justice cannot balance when only one side can afford to place their grievances upon them,” he remarked.

He stressed that legal aid was “constitutional oxygen essential for democracy’s survival,” and urged senior lawyers to take on at least two additional pro bono cases each month.

“Legal aid is not mere legal charity. It is constitutional oxygen essential for democracy’s survival. When we speak of legal aid, we speak of India’s promise to herself,” he said.

Justice Kant also highlighted mediation as a powerful tool to resolve disputes swiftly and restore relationships. Recalling a case that had dragged on for 37 years before being settled through mediation, he said that it was time to mainstream dialogue over confrontation.

“Mediation is an extraordinary tool, its resolution through dialogue. Courts decide, mediators heal. Both serve justice, but only the latter preserves relationships."

He concluded by urging both the Bar and the Bench to embrace reform and collaboration, reminding them that justice must be accessible in practice and not remain a privilege for the few.

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