Mumbai:

Chief Justice of India (CJI) Sanjiv Khanna on Saturday said not all disputes are suited for courtrooms and litigations, and asserted that mediation is the mode for redressal as it offers creative solutions and strengthens relationships. Speaking at the third convocation ceremony of the Maharashtra National Law University (MNLU) in Nagpur, he said each case has to be seen not from the eyes of legal issues but as a human story.

Indian legal aid structure is perhaps the most robust in the world where assistance is given to all the stakeholders, he noted.

“Not all disputes are suited for courtrooms, litigation or even arbitration. Mediation is the mode for redressal that offers us more than just dispute resolution,” the CJI said.

It opens doors to creative solutions beyond simple yes or no answers, he said.

By choosing this path, we not only resolve conflicts efficiently, but also strengthen relationships between people and businesses, he said.

CJI Khanna added that lawyers are the problem solvers who have to come up with creative solutions that address both the legal and human dimensions of the problem.

“Just as problems cannot be fixed into boxes, neither can their solutions. As our problems keep becoming more dynamic, the need for their solutions has to be more flexible. The road to justice itself cannot be a hurdle to achieve it,” he said.

The CJI urged everyone to think beyond the convention and broaden their horizons to make justice delivery cost-effective and time-bound.

He said the generation today faces challenges that our predecessors hardly imagined, like climate change that threatens not only our environment but the very fabric of human rights and social justice, and digital evolution that raises unprecedented questions about privacy, security and nature of human interaction.

Democracy is itself being reshaped by new technologies and social dynamics, the CJI said.

“These aren’t just abstract problems. They are very fundamental challenges to humanity, human dignity and liberty that require innovative solutions,” he said.

The Indian legal aid structure is perhaps the most robust in the world where assistance is given to all the stakeholders – the accused and the victims, he said.

Combination of a robust legal aid framework and the energy of young lawyers has the potential to make India a world leader in accessibility, the Chief Justice said.

Also speaking at the event, Supreme Court judge Justice B R Gavai, also the Chancellor of the MNLU, expressed gratitude for the support extended by the state government to establish the university.

“I must place on record my appreciation for the valuable assistance provided by Devendra Fadnavis, the then Chief Minister of Maharashtra and also the present as well as Uddhav Thackeray, who was also the chief minister of Maharashtra,” Justice Gavai said.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

Chief Justice of India Justice Sanjiv Khanna today said the role of judiciary is directly linked to democracy and underscored that it has been made possible only by the guidelines laid out by the constitution. Speaking on the occasion of the 75th constitution day, the Chief Justice dubbed the constitution as a “living, breathing document”.

The role of a judge is “often likened to walking on a razor’s edge,” he said, explaining that every judgement given “requires balancing competing rights and obligations” and has to be a “zero sum game”.

“It inevitably creates winners and losers, inviting celebration from some and criticism from others. It is this duality that invites scrutiny into the functioning of the courts,” he added.

“For some, the Constitutional Courts of India are among the most powerful in the world. For others, we are straying from our constitutional duties-sometimes by failing to challenge the status quo or in resisting the transient popular mandate of the electorate,” he said.  

The Constitution, he said, protects the judiciary from the shifts of the electoral process. It ensures that decisions are fair and free from whims.

“As the custodian of fundamental rights, the judiciary is working from the lowest level to the highest level. We are bound by our constitutional duty. At the same time, we are also open and transparent. With this, our focus is public interest, protection of their rights. We are also accountable to the public. We are also aware of our autonomy and accountability,” he said.

Justice Khanna said while administration of justice is the firmest pillar of governance, “each branch of the government is… a related actor which works in a degree of separateness”.

“There is interdependence, autonomy as well as reciprocity. Each branch must honour its constitutionally assigned distinct role while nurturing inter-institutional equilibrium. When properly understood, judicial independence serves not as a high wall but as a bridge – catalyzing the flourishing of constitution, fundamental rights, and governance framework,” he added. 
 

New Delhi:

Justice Sanjiv Khanna will take oath as the 51st Chief Justice of India on Monday and has already had to stop an activity that was dear to him – his solitary morning walks.

Sources said, every morning, Justice Khanna would walk for several kilometres alone in the Lodhi Garden area and around his house, believing that no one would recognise him. After his appointment as the next Chief Justice was notified late last month, however, he has been advised to go for his morning walk with a security personnel in tow. They said Justice Khanna refused because he is not used to doing this and decided to give up the morning walks altogether. 

Having completed his schooling from Modern School at Barakhamba Road, graduation from St Stephen’s College and his law degree from Delhi University’s Campus Law Centre, Justice Khanna is very familiar with every nook and corner of Delhi. Sources said the Chief Justice-designate is still in touch with his school, college and Campus Law Centre friends and prefers to drive to their homes himself. 

His friends said that Justice Khanna has not changed much since his school and college days. “He is simple, calm and likes to stay away from cameras and publicity,” said a friend. 

An example of this was during the Lok Sabha elections in May, when reporters had gathered and were waiting for Justice Khanna to cast his vote at the Nirman Bhawan polling centre in Delhi. Justice Khanna, however, drove to the centre in his personal car and returned home, leaving reporters none the wiser because they were expecting his official car and security detail. 

Justice Khanna will have a tenure of six months as the Chief Justice and will retire on  May 13, 2025.