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Rule of Law Must Prevent Disputes, Not Just Correct Mistakes: CJI Surya Kant

CJI Surya Kant said the rule of law is not only about correcting mistakes after they happen.  It should also help create a system where mistakes and disputes are avoided from the beginning. He said the success of the legal system should not be measured only by how quickly courts settle disputes. It should also be measured by how well projects are planned so that fewer disputes arise.

Published By: Nakshab Khan
Published: Tue 2026-09-15 11:48 IST

Chief Justice of India (CJI) Surya Kant on Monday said that good infrastructure is not only about building roads, bridges and other projects. It also needs clear laws, fair contracts and a system that can prevent disputes. Speaking at the FIDIC Global Infrastructure Conference 2026 in New Delhi, the CJI welcomed delegates from more than 70 countries. 
 
He said that countries may have different legal systems, engineering practices and development needs.  However, their main goal is the same — to build infrastructure that makes the daily lives of people easier. CJI Surya Kant said an engineer may see a bridge in terms of its design, materials and strength.  A contractor may see it as a project, while a lawyer may look at rights, duties and possible disputes.
 
But for an ordinary person, the questions are simple. Will the bridge reduce travel time? Will the road bring a school closer to a village? Will the water system provide water to people’s homes? He said this is why infrastructure projects are important because they directly affect the lives of millions of people.
 
CJI says fewer disputes should be the real success
 
CJI Surya Kant said the rule of law is not only about correcting mistakes after they happen.  It should also help create a system where mistakes and disputes are avoided from the beginning. He said the success of the legal system should not be measured only by how quickly courts settle disputes. It should also be measured by how well projects are planned so that fewer disputes arise.
 
He pointed out that a bridge cannot stop construction while an arbitration case is going on. Similarly, a highway cannot wait for years for an appeal to be decided.
 
Contracts play an important role
The CJI said contracts are an important part of every infrastructure project. They decide the responsibilities of different parties and also determine how risks will be shared. He said infrastructure projects often face unexpected problems. Ground conditions may be different from surveys. Rules may change during construction. Other unexpected situations may also arise.
 
According to him, risks should be given to the party that is best able to understand and manage them. A poorly designed contract can increase costs and lead to disputes between contractors and governments. A well-written contract, on the other hand, can help parties understand how to deal with unexpected problems.
Disputes should be solved early
CJI Surya Kant said disputes should be addressed at an early stage.  He referred to an Indian urban infrastructure project where engineers and contractors were encouraged to solve disagreements at the project site within days.
He said this approach helped the project finish ahead of schedule and resulted in very little litigation.
The CJI said dispute resolution should not only be an emergency measure after a project has gone wrong. It should be part of the normal management of a project.
He also stressed that courts will continue to play an important role. Courts are the final protectors of legality and enforceability. However, the system should also work to prevent disputes wherever possible

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