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Institutions must be open to questioning: Justice Vikram Nath

LAW FINDER NEWS NETWORK |

New Delhi, Aug 6 Supreme Court Justice Vikram Nath on Thursday said that with the respect expected from citizens, institutions must be equally willing to account for the power entrusted to them and be open to questioning.


Speaking at a function organised by the Supreme Court Advocates-on-Record Association, Justice Nath said justice, fairness and transparency cannot remain confined to the language of judgments, speeches or statutes.


They must be felt in the lived experiences of those who approach the system, he said.


"We are living through unprecedented times. People today are far more aware of their rights and of the institutions that govern them. This change was something that was long in coming.


"Institutions must be open to questioning. That is part of their strength, not a threat to it. But this growing awareness also brings with it a quiet weight. Expectations rise and rightly so. If citizens are expected to respect institutions, then institutions must be equally willing to account for the power entrusted to them," he said.


Justice Nath further said courts are often described as guardians of rights.


"I must add that this responsibility does not belong to judges alone. Justice is a collective enterprise. Lawyers, court staff and every person who participates in the process contribute to the experience of a litigant.


"A lawyer's duty does not end with securing a favourable order. There is also a duty to the court and to the fairness of the process itself. Strong institutions are built on shared responsibility and understanding," he added.


Recently elevated to the top court, Justice V Mohana also expressed her views on the occasion and said justice cannot be truly inclusive if it is available only to those who can afford to travel to a court, engage a lawyer or understand a complex legal system.


She said access to justice is not merely about physical access to a courtroom; it is also about having a voice within that courtroom.


For a country as vast and diverse as India, technology can help overcome one of the oldest barriers to justice which is distance, she added.


On the use of artificial intelligence, the judge said it may assist justice, but it cannot replace the human judgment that delivers justice.


"Human oversight, judicial independence, transparency, accountability, fairness, explainability, and the protection of personal data must remain at the heart of technological innovation. That is what we are striving to achieve. Only when justice is truly accessible to all can the promise of our Constitution be fulfilled," she said.

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