CJI Surya Kant Pushes 'Preventive Justice' for India's Infrastructure Boom

Chief Justice of India (CJI) Surya Kant has issued a clarion call for a fundamental shift in how India approaches its massive infrastructure drive, urging a move from 'retrospective justice' to 'preventive justice'. Speaking at the FIDIC Global Infrastructure Conference 2026 in New Delhi, the CJI emphasized that the true measure of success isn't how quickly disputes are resolved, but how effectively contractual and institutional frameworks prevent them from arising in the first place, especially given India's unprecedented pace of development. This directive comes as India embarks on an ambitious infrastructure expansion, demanding contracts that ensure clear expectations, balanced risk allocation, and swift dispute avoidance to prevent project delays and cost overruns. The CJI pointed out that vital projects like bridges or highways cannot simply halt construction while legal battles unfold, highlighting the critical need for proactive measures like early intervention, frank communication, and sensible standardisation of infrastructure contracts to handle unforeseen circumstances. Stakeholders across government, industry, and the legal profession are now tasked with embedding these principles of clarity, balanced risk, and early resolution into every infrastructure endeavor. The focus on 'good governance' and robust contractual frameworks aims to build projects faster, more resiliently, and sustainably, ensuring India's infrastructure boom doesn't get bogged down in courtroom battles. The emphasis is firmly on creating an ecosystem where disagreements are addressed before they become costly, time-consuming disputes.