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Arrears first, AI with caution: CJI-designate Surya Kant lays out his judicial roadmap

'Arrears are my priority, over 90,000 cases here, and arrears pan-India,' Justice Surya Kant emphasised, calling the growing backlog the most urgent institutional challenge

CJI-designate Justice Surya Kant (L); The Supreme Court of India (R) | PTI

Chief Justice of India-designate Justice Surya Kant has made it clear that his tenure will open with a single-minded priority—clearing the mountain of arrears clogging the Supreme Court and High Courts. 

In an informal interaction, the incoming Chief Justice spoke candidly about the challenges before the judiciary and the reforms he intends to institutionalise from Day One.

“Arrears are my priority, over 90,000 cases here, and arrears pan-India,” he emphasised, calling the growing backlog the most urgent institutional challenge.

Justice Surya Kant said thousands of cases remain pending or kept in abeyance across courts, including matters locked in the Supreme Court because substantial questions of law are yet to be decided.

“We have identified hundreds at the Supreme Court level, and we are also asking the High Courts to flag cases that cannot progress because a point of law is pending here,” he said.

He indicated his plan is to target such matters that have ripple effects on hundreds of other cases, thereby bringing a systemic reduction in pendency, rather than just numerical disposal.

The incoming CJI underlined that constitution benches will become more frequent, and that multiple constitution benches will sit simultaneously.

“More constitution benches is my priority,” he asserted, adding that long-pending matters of constitutional interpretation require closure.

Justice Surya Kant acknowledged that the filing rate in the Supreme Court has jumped dramatically in recent years, at times outpacing disposals. A large part of this, he said, stems from a cultural perception that the Supreme Court is the forum of first approach for grievances.

“People are directly approaching the Supreme Court. We have to sensitise citizens that High Courts are equally competent to dispose of cases,” he noted. The judiciary, he said, must reinforce the pyramid structure, rather than allow it to collapse into a funnel.

He also spoke extensively about mediation, calling it the next major priority of his tenure. With the Mediation Act now in force, Justice Surya Kant believes mediation culture must deepen, widen, and embed as a natural part of dispute resolution architecture.

According to him, major private companies and multinational corporations have already reached out to the judiciary, seeking training for their in-house teams so they can develop internal mediation frameworks. Government departments, too, he said, must undergo this shift.

“The Prime Minister has also encouraged this. Mediation has picked up momentum,” he said.

The CJI-designate said that the judiciary is examining the use of artificial intelligence with cautious optimism. While he agrees the technology is vital to modernising judicial systems, he accepts the anxieties and fears surrounding AI use.

“There are issues and challenges and there is fear and apprehension also. People want that matters should be decided by a judge,” he acknowledged. The judicial system, he said, must figure out the boundaries of AI carefully.

“There are loopholes and apprehensions. We will take a holistic view, a lot of deliberation is needed, and Bar support is essential,” he noted. He also emphasised that the judiciary must work towards evolving a uniform pattern of AI usage instead of scattered pilots.

On pending vacancies, Justice Surya Kant said he intends to fill all the vacancies that will arise in the Supreme Court during his tenure at the earliest, calling it essential to achieve his disposal targets.

Addressing the question of whether the Supreme Court itself must share responsibility for pendency, the CJI-designate did not shy away.

“The Supreme Court is partly responsible for this. This is all part of judicial process,” he said, noting that pendency is linked to complexity, volume, and litigation behaviour. “There is always a finality,” he remarked, indicating that judicial closure was an organic, layered process.

The CJI-designate also noted that the judiciary must not become hostage to online commentary or digital outrage. The Office of the Chief Justice, he insisted, should remain immune from the distortions of social media echo chambers.

“The CJI shouldn’t come under social media pressure. What else do you require when you are the CJI?” he remarked.

He also hinted at improving judicial infrastructure, though he acknowledged the constraints of federal responsibility. “It’s a big challenge. The state governments also have a role,” he said.

Justice Surya Kant said his approach is to treat the judicial system with the urgency and triage of a public health system.

“It’s time courts should work as hospitals,” he said, prioritising the most urgent and most impactful cases first.

He expressed optimism that Indian courts would significantly reduce pendency if systemic interventions aligned across institutions.

“I am very optimistic,” he said, noting that identifying cases with cascading impact will reduce backlog across jurisdictions.

Touching on global judicial collaboration, he said the Indian judiciary enjoys immense respect internationally.

Kenya, he said, is keen on technological cooperation, and more Memoranda of Understanding (MoUs) are under consideration with judicial academies and other nations. 

As Constitution Day approaches, he revealed there will be a large-scale celebration with foreign judicial delegations visiting India—marking the beginning of what he hopes will be a reform-driven tenure guided by efficiency, prudence, and institutional mindfulness.