CJI Khanna stresses on crisper petitions, says huge effort needed to master 'art of drafting'

New Delhi: Chief Justice of India Sanjiv Khanna on Friday laid stress on the need to have crisper and shorter petitions in judicial proceedings, saying a huge effort was required to master the "art of drafting".

Chief Justice Khanna, who is set to retire on May 13, said there was a need to adopt the "less is more" dictum as clarity in petitions was beneficial for both lawyers and judges.

He was speaking at a function organised by the Supreme Court Advocates-on-Record Association (SCAORA) to bid him farewell.

Chief Justice of India (CJI)-designate Justice BR Gavai, who is set to be sworn in as the 52nd CJI on May 14, also addressed the gathering.

He said CJI Khanna brought "transparency and inclusiveness" during his tenure.

In his address, CJI Khanna highlighted the importance of advocates-on-record in the Supreme Court and said they were not only apex court advocates but represented citizens from across the country.

"... one thing I still feel we haven't really mastered is the art of drafting. I feel that there is a huge effort which is required. We must adopt the dictum 'less is more'," the CJI said.

"The less you say, the shorter the petitions, the crisper the petitions, the clarity the petitions have, it is far more beneficial, both for you as well as the judges because, as judges, we exactly know what point is being argued," he said.

Stressing on the need to have crisper petitions, CJI Khanna said it helped in reading the files easily.

"And, as a judge, I can tell you, your 50 per cent work is done if the judge who has read the file feels there is a point of view which requires consideration," he said.

He also asked advocates to argue matters in courts themselves instead of depending on their seniors.

"You have direct access to the litigants. Litigants talk to you, you prepare the brief, you study, and then you brief a senior. Why don't you come and argue in the court itself?" he asked.

The CJI said domain and subject matter skills were very important for lawyers.

Highlighting the importance of having full knowledge of the facts of a case, he said almost 70 to 80 per cent cases were decided on facts.

"Every case doesn't have to be decided on huge constitutional principles. You can build on those constitutional principles but first you must have the facts with you," he said.

Mediation is an area that is going to become the mainstream, perhaps not in the Supreme Court but in most courts, the CJI said.

"That's why we started off with the online mediation training course, which I am told has become very popular," he said, adding that mediation would cut short a lot of time spent in courts.

He also talked about the importance of mentorship and said those having experience of 10 or 20 years must open up the doors for young lawyers.

"Let me share with you ... If I have an office, or whatever it is, it will always be open," the CJI said, adding he would like to help out anybody who had some legal issues and questions.

"As I prepare to demit office, I do so with a deep faith in this institution, the Supreme Court of India," he said.

In his address, Justice Gavai said CJI Khanna was always very open.

"One thing I can say is that he (CJI Khanna) is always very, very straight and plain," he said.