Observing that “infrastructure is inherently exposed to the unexpected”, Chief Justice of India Surya Kant on Monday called for a fundamental shift from retrospective justice to preventive justice in infrastructure development, saying the rule of law is not just about correcting the wrong but also about creating conditions where things go right.
Addressing the FIDIC Global Infrastructure Conference here, the CJI also said that the real measure of success is not simply how quickly disputes are resolved, but how well the projects are designed so that fewer disputes arise in the first place.
“Rule of law is not only about correcting what has gone wrong; it is also about creating the conditions for things to go right,” he said.
“What our infrastructure ecosystem therefore needs is a shift from retrospective justice to preventive justice: from questioning, after the project has been disrupted, to designing the contractual and institutional framework so that disagreements can be identifie
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