Universal access to justice needs legal aid and mediation: CJI B.R. Gavai

Chief Justice of India B.R. Gavai stated on 20 August, Wednesday, that traditional litigation alone is not sufficient to deliver justice for all citizens and that legal aid along with mediation are essential to achieve justice for everyone in the country.

Speaking at the inauguration of a lecture titled 'Justice for all — Legal Aid and Mediation: The collaborative role of Bar and the Bench', the CJI discussed the difficulties faced by marginalised and vulnerable groups in accessing justice.

"Our Constitution enshrines the promise of justice for every citizen," said Justice Gavai. "Yet in practical terms, the path to justice can be long complex and fraught with obstacles. For many, especially those from the marginalised the journey and vulnerable communities the journey to a fair hearing is hindered by social, economic and geographical barriers."

He was addressing a gathering of the judiciary and civil society at an event organised by the Supreme Court Bar Association (SCBA).

"Courts may be distant, proceedings intimidating and access to competent legal representatives limited. In such a context, justice remains an abstract ideal rather than a live reality," the CJI said.

Highlighting the need for lawyers and judges to work together, Gavai emphasised that lawyers are not just advocates for their clients, but also guardians of the justice system.

"Judges in turn are entrusted with the solemn duty to ensure fairness, equity and due process. With the operative partnership guided by professionalism, integrity and empathy, justice can reach the remotest corners of the country," he said.

He spoke about the importance of cooperation between the bench and the bar in moving the “chariot of justice”.

Indian legal system facing unique challenges, says CJI Gavai

"Legal aid schemes have been a cornerstone of this collaborative effort. Legal aid ensures that those who are economically disadvantaged or socially marginalised are not denied their representation, guidance or support in navigating the complexities of our legal system," he said.

The CJI pointed out that many citizens eligible for legal aid remain unaware of their entitlements.

Even with aid, the CJI observed that both litigation and arbitration typically entail long processes, intricate procedures and considerable expense.

Therefore, he added, "In a country with rapidly expanding population and ever-increasing case load, traditional litigation alone cannot bear the burden. Mediation offers a path that is not adversarial. It is restorative rather than punitive. It encourages parties to seek a solution in a collaborative manner.

"I would encourage senior advocates to actively guide the parties to settle their disputes through mediation," he said.

Continuing, Justice Gavai said, "Legal aid and mediation are the instruments through which we translate the ideals of the Constitution into lived reality for the people. Lectures such as today's remind judges that empathy, outreach and accessibility are not optional virtues but essential components of judicial service."

SCBA president and senior advocate Vikas Singh also agreed that universal justice and mediation are interconnected.

He noted that mediation creates an environment where there are no true losers, as both parties find justice.

"If bar and bench both play a role in mediation and legal aid process, it will be a big opening in this subject. Today we have 5.36 crore pending cases in the country. If mediation succeeds in this country it will drastically and overnight reduce the pendency of cases in this country. It can unclog the system and ensure people in this country gets justice," Singh said.

With PTI inputs

Constitution is supreme, all three wings of democracy work under it: CJI Gavai