High Courts are the bedrock of constitutional justice, says CJI Surya Kant

Kochi: Emphasizing the vital role of regional judiciary in the Indian legal system, Chief Justice of India (CJI) Surya Kant asserted on Sunday that the Supreme Court and High Courts must function as collaborative pillars rather than competing entities in the pursuit of justice.

Speaking at the platinum jubilee celebrations of the Kerala High Court in Kochi, the CJI underscored the urgent need to bolster public faith in High Courts. He positioned them as the primary and most accessible forum for citizens seeking constitutional remedies, noting that the quest for justice should not be viewed as a tiered struggle between different levels of the judiciary.

A Partnership of Complementary Roles

CJI Surya Kant characterized the relationship between the Supreme Court and the 25 High Courts across the country as a vital constitutional partnership. He challenged the common perception that legal solutions are primarily found in New Delhi, arguing instead that the backbone of the nation’s constitutional framework is distributed across the state level.

“Constitutional justice does not begin and end in the capital,” the CJI remarked. He highlighted that High Courts possess a unique advantage in their proximity to the citizenry. By operating within the states, these courts are better positioned to comprehend local grievances, the specific needs of regional communities, and the ground-level implications of administrative and governmental actions.

The CJI placed significant focus on the scope of Article 226, which grants High Courts the authority to issue mandates for the enforcement of fundamental rights. He urged the judiciary to prioritize timely interim relief, stating that the moral weight of a court is determined not just by its final verdict, but by its ability to intervene precisely when the need for protection is most acute.

Legacy of Progressive Jurisprudence

Reflecting on the history of the Kerala High Court, the CJI lauded the institution for its contribution to judicial progress. He drew attention to the state’s pioneering role in gender representation within the legal sphere. He specifically honored the legacies of Anna Chandy, who became the first female High Court judge in India, and M. Fathima Beevi, the trailblazer who became the first woman to serve as a Supreme Court judge, both of whom have deep ties to Kerala.

The CJI also highlighted the court’s history of bold, pro-citizen rulings. He cited the landmark 1999 order that prohibited public smoking, noting that the court was ahead of its time in interpreting Article 21—the right to life—to explicitly include the right of citizens to breathe smoke-free air.

As the Kerala High Court enters its 75th year, the CJI’s message served as a reminder that the health of Indian democracy depends on the strength of its High Courts. By remaining vigilant and accessible, these institutions serve as the frontline defenders of the rights of the common person, ensuring that the promise of the Constitution reaches every corner of the country.

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