Chief Justice of India Surya Kant bats for utilising experience of former judges in ADR

Jaipur: Chief Justice of India Surya Kant on Saturday called for the creation of a structured national framework to utilise the experience of retired judges in alternative dispute resolution (ADR), saying their continued engagement should be treated as institutional service with accountability and support.

The CJI said the experience of former judges is a valuable national resource that should not go untapped after retirement.

"I am calling for a formal framework: a structured National Registry of Former Judges willing to serve in ADR and legal awareness capacities; Memoranda of Understanding between this association, state legal services authorities and the high courts; and, most critically, I am calling for the recognition that this engagement is service in the fullest sense of the word," he said.

CJI Surya Kant was speaking at a conference of retired judges here.

He said alternative dispute resolution mechanisms such as mediation, Lok Adalats and arbitration are central to access to justice in the country.

"Mediation, Lok Adalats, Arbitration, Conciliation: these are not the back door to justice. For millions of Indians, they are the only door," he said.

"In other words, these avenues are not a supplement to the justice system. They are, at their finest, justice itself delivered in a language the people understand, at a pace the people can live with, and at a place the people can reach," he said.

The CJI said not making use of the experience of former judges is a grave public loss.

"That trust, painstakingly earned over years of conscientious service, is a national resource as precious as water in the deep desert. And to allow it to lie unused at the moment of retirement would be not merely an institutional oversight, but a grave public loss," he said.

Highlighting the potential roles for retired judges, he said they could contribute as mediators and arbitrators, legal educators, pre-litigation counsellors and institution builders.

"First, as mediators and arbitrators, particularly in commercial and family matters where stature and impartiality are decisive, and where a settlement genuinely reached is worth a hundred orders reluctantly complied with," he said.

"Second, as legal educators, in schools, in colleges, in gram Panchayats, explaining rights in plain language to citizens who have never been told they have them," he added.

He said retired judges can act as "pre-litigation counsellors, embedded within DLSA and SLSA mechanisms, intercepting disputes before they calcify into cases".

They can also serve "as institution builders: mentoring the next generation of mediators, training legal aid lawyers and preserving an institutional memory that courts cannot afford to lose when a judge demits office".

He said that India has already made progress in strengthening ADR systems, citing large-scale mediation exercises and National Lok Adalats settling disputes in significant numbers, as well as the growth of arbitration centres across the country.

The CJI said the judiciary and its allied institutions enjoy deep public trust and it is their responsibility to preserve and strengthen this faith.

"Just as stepwells store water during the rains and serve people in times of scarcity, retired judges are a valuable resource for us. In situations of difficulty -- be it in Lok Adalats, arbitration or advisory roles -- we look up to these experienced judges for guidance on what is right and what is not," he said.

Rajasthan Chief Minister Bhajanlal Sharma said that society draws guidance from the words of judges and judicial pronouncements have played a key role in bringing positive change in the country.

He said several landmark rulings by the Supreme Court and high courts have improved the lives of lakhs of people over the years. He urged people to consider approaching mediation centres or Lok Adalats before taking disputes to courts.

"The judiciary acts as the guardian of the Constitution and ensures equal rights for every citizen. The judiciary has remained at the forefront in protecting fundamental rights, safeguarding the environment, upholding women's rights and acting against corruption," he said.

"Judges are not only adjudicators of cases, but also a source of hope for every person seeking justice," he said.

The chief minister said the role of experienced judges remains significant even after retirement.

He said mediation, conciliation, Lok Adalats and dialogue can help resolve disputes in a shorter time while also easing the load on courts.

"When disputes are resolved amicably, the tendency for prolonged litigation reduces and social harmony improves," he said.

In his address, Acting Chief Justice of Rajasthan High Court Sanjeev Prakash Sharma said the Rajasthan State Legal Services Authority is playing an important role in spreading awareness and improving access to justice.

He said retired judges are helping resolve long-pending disputes through mediation in Lok Adalats.

During the event, an innovative uniform registration number system of the Rajasthan High Court was launched, and a compilation of articles written by former judges of the Supreme Court and high courts was released.