Chief Justice of India BR Gavai has underlined the crucial role of judicial activism in safeguarding citizens’ rights and upholding the Constitution while cautioning that it should never cross the line into judicial adventurism or terrorism. Speaking at an event organised by the Nagpur District Court Bar Association, CJI Gavai highlighted the need for all three branches of democracy to operate within their constitutional boundaries, ensuring a balanced system where the judiciary steps in only when necessary.
Role of Judiciary Within Democracy
Addressing the gathering, the Chief Justice noted that while the legislature, executive, and judiciary are each assigned specific roles under the Constitution, there are instances where the judiciary must intervene. “When it is found that the legislature or the executive has failed in their duties to safeguard the rights of citizens, the judiciary is bound to step in,” he said, adding that the judiciary’s role is vital when laws or rules are overstepped by the Parliament.
However, CJI Gavai emphasised that unnecessary interference by the judiciary in the functioning of the other branches must be avoided to maintain institutional integrity. He reiterated, “Judicial activism is bound to stay, but it should not be permitted to be converted into judicial adventurism and judicial terrorism,” underscoring the fine balance needed while exercising judicial review.
Safeguarding Constitutional Values and Rights
The Chief Justice explained that judicial activism plays a necessary role in upholding constitutional values and protecting citizens’ rights, especially in exceptional cases where a statute violates the basic structure of the Constitution or fundamental rights. “That power has to be exercised in a very limited area, in very exceptional cases, such as when a statute is patently arbitrary or discriminatory,” CJI Gavai said, noting that Indian courts have consistently used this power with caution.
Reflecting on the progress of Indian society, CJI Gavai highlighted that decades ago, millions of Indians were referred to as ‘untouchables’, but today, an individual from that community addresses the Oxford Union as the Chief Justice of India, demonstrating the transformative power of the Constitution.
At the event, CJI Gavai also praised Dr BR Ambedkar for his immense contributions, emphasising that the nation remains indebted to him. He commended the Nagpur Bar Association for being a truly secular institution with members from all castes and religions working together, noting that he had witnessed Hindu lawyers advocating for the Muslim community and vice versa.
The event saw the presence of Supreme Court Justices Dipankar Datta, Prasanna Varale, and Atul Chandurkar, along with Bombay High Court Chief Justice Alok Aradhe, and senior judges Nitin Sambre and Anil Kilor, reflecting the judiciary’s commitment to continuous dialogue on maintaining the balance of power within the democratic framework.
Earlier this month, during an address at the Oxford Union, CJI Gavai had echoed similar sentiments, stating that while judicial activism will continue to play a role in India, it should not overreach into areas beyond its mandate. He remarked that judicial review must be applied sparingly and only in cases where laws directly conflict with fundamental rights or the Constitution’s basic structure, ensuring that the judiciary’s intervention remains a safeguard rather than a disruption within the democratic process.
