CJI:HC primary sentinel, must be proactive, not wait for knock at door, Pg1

Key Highlights:

• CJI Surya Kant emphasized the role of High Courts as "primary sentinels" in upholding the rule of law.
• Article 226 of the Constitution empowers High Courts to issue directions and writs for enforcing fundamental rights.
• The CJI highlighted the importance of interim relief in providing timely justice to citizens.
• He urged High Courts to embrace technology and digital gateways to ensure judicial equality and accessibility.
• The CJI also recalled Fali Nariman's commitment to constitutional morality during the Emergency.
• He acknowledged the impact of colonial rule on civil liberties and the importance of effective remedies.
• The CJI addressed the appeal to make the Kolhapur Circuit Bench of the Bombay High Court a permanent bench.

Detailed Insights:

• High Courts should proactively address systemic failures in the rule of law, rather than passively waiting for cases to be filed.
• The power of interim relief is crucial for citizens facing immediate threats to their rights, such as land seizure or denial of admission.
• Virtual hearings should be embraced as a permanent feature to enhance accessibility and overcome geographical barriers to justice.
• Technology should be harnessed to bridge the economic divide and ensure judicial equality for marginalized communities.
• The CJI stressed the need for procedural innovation to bridge the gap between citizens' rights and available remedies.
• The Emergency in 1975 served as a critical test for Indian democracy and highlighted the importance of constitutional morality.
• Colonial legislation suppressed civil liberties, underscoring the need for enforceable rights and effective remedies.

Key Concepts Involved:

• Article 226: Grants High Courts the power to issue writs for enforcement of fundamental rights.
• Interim Relief: Temporary court order to prevent irreparable harm before a final judgment.
• Rule of Law: Principle that all people are subject to and accountable to the law.