Judge's job not to dominate courtroom or surrender: CJI Sanjiv Khanna
Public Lokpal
May 14, 2025
Judge's job not to dominate courtroom or surrender: CJI Sanjiv Khanna
New Delhi : Chief Justice of India Sanjiv Khanna on Tuesday underlined a sea change in the legal profession and asked the bar to focus on turning domain experts and explore the option of alternate dispute resolutions such as mediation.
Khanna spoke at his farewell function organised by the Supreme Court Bar Association and said the day was not far when mediation would gain primacy over litigation as the default mode of dispute resolution.
“Today we are witnessing a sea change in the legal profession. The courtroom dynamics are shifting from being driven by oratory skills to being shaped by subject matter expertise. As preparation stand rise, it is essential for the bar to focus becoming domain experts,” said the outgoing CJI.
CJI Khanna lauded the Supreme Court for making great strides for augmenting the number of mediators in the country and training them.
“The day is not far when mediation will be chosen over litigation as a default mode of dispute resolution. Mediation is not just about settling disputes it is about finding solution that meets interests of the parties,” he said.
For the first time in several years, the CJI revealed, the top court achieved a case clearance rate of 106 per cent.
“In simple terms, the supreme court disposed of more cases than it was filed allowing us to reduce the backlogs,” he added.
Elaborating on his professional journey, Khanna said, “I never spoke of myself as a judge because of the reverence to the office. As I stand here at the cusp of my retirement I like to speak about my life and journey. I have served for 20 years. I have no mixed feelings. I am simply happy. I feel blessed to have retired as the Chief Justice of India. Becoming a judge of the Delhi High Court was itself a dream come true.” The CJI said a judge’s job is to neither dominate the courtroom nor surrender.
“I will speak about something that bothers me. The truth deficit in our profession. As a judge above all is the seeker of truth. Mahatma Gandhi believed that truth is God and an ideal to strive for. Yet, we come across cases of concealment and deliberate misstatement of facts. I believe, this stems from a mistaken belief that unless some padding is done in evidence a case would not succeed. This mindset is not only wrong it does not work. It makes the job of court harder,” he said.
CJI designate Justice B R Gavai, who also spoke on the occasion, shared both the bar and bench were the two wheels of the golden chariot and couldn’t function without each other.
He stressed both arms should work in tandem to resolve issues.
“CJI Khanna demonstrated firm and principled leadership in addressing instances of judicial misconduct. In two such instances, he acted with discretion and resolve taking appropriate steps to maintain dignity of the court while keeping the confidence and trust of his colleagues,” he said.
Justice Gavai showered praises on the outgoing CJI by saying he never shied away from speaking his mind. “Your tenure will not be remembered not only for judicial strides but also the humility with which he carried the responsibilities of such a high office.” He said CJI Khanna’s tenure was not about making a spectacle or noise for the sake of attention but encouraging changes within the judiciary for evolution.
PTI
