Mediation Can't Be Seen As A Threat To Judiciary : CJI Surya Kant

Chief Justice of India Surya Kant said that the old belief that mediation would weaken the judiciary is now an unacceptable perception. He was speaking at a felicitation organised by the Bar Council of India in his honour yesterday. 

Recalling an invitation from the Federal Court of Malaysia to inaugurate a Mediation Centre established by the Kuala Lumpur Bar Association, the CJI said he was struck by the enthusiasm with which even bar bodies abroad promote mediation. Advocating wider adoption of mediation in India, he said, “After seeing that scenario and visiting many other countries, I realised that mediation is a very potential weapon that can write many success stories in India.”

He added that real progress requires an honest assessment of ground realities, which are reflected in the functioning of the district judiciary.

“The real challenge before the Indian judiciary is at the ground level. How swiftly, humanely and intelligently the district judiciary performs and how independently and fearlessly it delivers justice is the most important component of the entire judicial infrastructure,” he said.

Emphasising that most litigants experience justice only at the trial court stage, the CJI noted that any failure there must be the system's first concern. “Seventy percent of litigants expect their fate to be decided at the district level. If 70 percent accept their fate there and 35 percent are unhappy, can we simply reconcile with that? The only way out is to have an alternative system where both parties leave the court with a smile. I need your help because you are my ambassadors of mediation,” he told the gathering.

Justice MM Sundresh, Justice Ahsanuddin Amanullah, Union Law Minister Arjun Ram Meghwal, and Attorney General R. Venkataramani were also present at the event.