Should the Court Serve as a Battleground for Political Disputes? Former CJI Gavai Weighs In on the 'Vote Chori' Controversy (IANS Exclusive)

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Should the Court Serve as a Battleground for Political Disputes? Former CJI Gavai Weighs In on the 'Vote Chori' Controversy (IANS Exclusive)

Synopsis

In an exclusive interview, former CJI B.R. Gavai emphasizes that the Supreme Court should remain a neutral ground, not a battleground for political disputes. He reflects on the misuse of judicial platforms for political gains and the importance of resolving electoral matters within the democratic process.

Key Takeaways

  • Supreme Court should remain neutral in political matters.
  • Political battles must be resolved by the electorate.
  • Judicial forums should not settle political disputes.
  • Misuse of investigative agencies for political purposes is unacceptable.
  • Former CJI Gavai's legal career highlights commitment to the rule of law.

New Delhi, Nov 27 (NationPress) Former Chief Justice of India B.R. Gavai expressed on Thursday that the Supreme Court must not be leveraged as a stage for political skirmishes. His comments came after the court opted not to entertain a petition requesting a Special Investigation Team (SIT) inquiry into claims of electoral fraud made by Leader of the Opposition in Lok Sabha (LoP) and Congress MP Rahul Gandhi.

In October, the Supreme Court had dismissed a PIL that called for a court-supervised investigation into alleged discrepancies in electoral rolls, recommending that the petitioner seek resolution from the Election Commission of India (ECI).

Speaking exclusively to IANS, former CJI Gavai stated, “I have consistently asserted that the court should not be utilized as a medium for political disputes. The judicial system should not be a platform for political conflicts; these should be addressed at the ballot box.”

He emphasized that judicial venues ought not to become instruments for resolving political issues.

“There have been numerous instances where charges were brought against politicians. I have publicly stated that neither central nor state investigative bodies should be exploited for political ends. During my tenure, I dealt with two such cases — one involving senior politicians from Karnataka facing Enforcement Directorate actions, and another concerning a Member of Parliament from the ruling party,” he explained.

“In both instances, I clarified that investigative resources cannot be employed to settle political scores. I provided relief in both matters because political contests should be resolved by the electorate—not in the judiciary,” Justice Gavai remarked.

Meanwhile, LoP Gandhi has persistently accused the BJP government and the Election Commission of facilitating “vote theft,” bringing this issue to light in Haryana and Karnataka.

The Congress has also staged public demonstrations in Delhi and Bihar regarding these allegations.

In response, 272 notable citizens—including retired judges, bureaucrats, and military officials—issued an open letter denouncing attempts to undermine constitutional institutions, including the ECI.

Justice B.R. Gavai, the 52nd Chief Justice of India, has had a remarkable legal career. Although he began his legal practice in 1985, he was acquainted with the rule of law early in life, having been raised in a family committed to social activism. Throughout his career—as an advocate, judge of the Bombay High Court, Supreme Court justice, and ultimately as CJI—Justice Gavai showed profound dedication to judicial efficiency and the rule of law. His rulings sparked discussions both in courtrooms and on digital platforms, significantly contributing to Indian jurisprudence.

Justice Gavai was sworn in as the 52nd CJI on May 14, succeeding Justice Sanjiv Khanna. His name was recommended by Justice Khanna on April 16 and approved by the Law Ministry on April 29. His appointment was historic as he became the first Buddhist and only the second Chief Justice from the Scheduled Caste community after Justice K.G. Balakrishnan to assume the role.

Point of View

It is imperative to recognize the significance of the judiciary as an impartial institution. Former CJI Gavai's remarks underscore the need for a clear separation between politics and justice, emphasizing that electoral disputes must be resolved democratically rather than through legal battles.
NationPress
27/11/2025

Frequently Asked Questions

What did former CJI Gavai say about the Supreme Court's role in political disputes?
Former CJI Gavai stated that the Supreme Court should not be used as a platform for political confrontations, asserting that political battles should be fought at the ballot box.
What allegations were raised by Rahul Gandhi?
Rahul Gandhi accused the BJP government and the Election Commission of enabling 'vote theft' during elections in Haryana and Karnataka.
What was the Supreme Court's response to the PIL regarding electoral irregularities?
The Supreme Court declined to entertain the PIL and advised the petitioner to approach the Election Commission of India for redressal.
What is Gavai's view on the use of judiciary for political scores?
Gavai emphasized that judicial forums should not be utilized to settle political disputes and that investigative agencies should not be misused for political purposes.
What is the significance of Gavai's appointment as CJI?
Gavai's appointment as the 52nd Chief Justice of India is significant as he is the first Buddhist and only the second Chief Justice from the Scheduled Caste community.
Nation Press