National Judicial Policy

28.11.2025

National Judicial Policy

Context

In November 2025, CJI Surya Kant proposed a national judicial policy to reduce inconsistent rulings across courts and improve coherence, efficiency, and accessibility within India’s justice system.

About the News

Background

A national judicial policy is suggested to ensure uniform interpretation of major legal and constitutional issues, minimizing confusion arising from divergent judicial opinions.

Key Concerns

• Varied High Court rulings create uncertainty for citizens, institutions, and businesses.
   
• Differing Supreme Court Bench orders reduce predictability.
   
• Case backlog of 5.4 crore highlights systemic inefficiencies.
   
• High costs, language gaps, distance, and weak infrastructure burden marginalized groups.
   
• A unified framework can maintain constitutional values while ensuring harmonized judicial functioning.
   

Measures Already Undertaken

• Promotion of mediation and structured judicial training.
   
• Expansion of digital tools like e-filing, virtual hearings, and translation systems.
   
• Strengthening arbitration and aligning dispute resolution with global norms.
   
• Improvements in court infrastructure, staffing, and modernization.
   

Constitutional Framework

• Articles 225 and 226 grant procedural autonomy to High Courts.
   
• Any national policy must preserve judicial independence while enabling procedural alignment.
   

Challenges

• Federal Diversity

India’s linguistic and administrative diversity complicates uniform procedural adoption.

• Judicial Independence

Reforms must avoid undermining the constitutional autonomy of High Courts.

• Infrastructure and Capacity Gaps

Shortages in courtrooms, staff, and technology impede consistent implementation.

• Digital Divide

Tech-driven mechanisms may exclude rural and economically weaker regions.

Way Forward

Drafting and Consultation

• Develop the policy through collaboration between the Supreme Court, High Courts, and the Law Ministry.
   
• Create common standards for case listing, timelines, documentation, and precedent application.
   

Strengthening the Justice Ecosystem

• Increase judges and support staff.
   
• Improve judicial training and modern court infrastructure.
   
• Expand multilingual digital platforms for wider access.
   

Promoting ADR and Coordination

• Scale up mediation, arbitration, and ADR systems.
   
• Enable regular coordination between High Courts and the Supreme Court to reduce conflicting rulings.
   

Conclusion

A national judicial policy can streamline judicial practices, enhance consistency, reduce delays, and make justice more accessible, provided it balances reform with the independence of courts.