Should Judicial Activism Evolve into Judicial Terrorism? CJI Gavai
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Synopsis
In a compelling address, Chief Justice B.R. Gavai highlights the importance of judicial activism while cautioning against its potential misuse. He underscores the judiciary's role in protecting citizens' rights and the transformative power of the Constitution. His remarks resonate deeply, urging a balance between judicial authority and legislative responsibility.
Key Takeaways
- Judicial activism is critical but must be exercised with caution.
- The judiciary should not overstep into areas traditionally reserved for other branches of government.
- Judicial review should be limited to exceptional cases.
- The Constitution serves as a powerful tool for social change and equality.
- CJI Gavai's journey reflects the transformative power of the Constitution.
New Delhi, June 11 (NationPress) Chief Justice of India B.R. Gavai argued that while judicial activism is essential in India, it is crucial for the courts to be cautious and avoid encroaching upon areas where the judiciary should not intervene.
He stated, "Judicial activism is here to stay. However, it must not devolve into judicial terrorism. There are times when we may try to exceed our boundaries and enter domains that are traditionally off-limits for the judiciary," he remarked during a query posed at the Oxford Union.
CJI Gavai emphasized that the judiciary will act if the legislature or the executive neglect their responsibilities to protect the fundamental rights of citizens, but cautioned that the power of judicial review should be exercised judiciously.
He explained, "The power of judicial review must be applied in a very restricted manner, only in exceptional cases, such as when a statute violates the core principles of the Constitution, conflicts directly with fundamental rights, or is evidently arbitrary or discriminatory... the courts can and have exercised this power when necessary," he added.
Reflecting on his personal journey, CJI Gavai noted that the Constitution of India has enabled an individual from the SC community, historically labeled as 'untouchables,' to address the Oxford Union as the highest judicial authority in the nation.
He referred to the Constitution as a "quiet revolution etched in ink," which has the potential to uplift those who have been historically marginalized.
"The Constitution of India embodies the aspirations of those who were once silenced and envisions a nation where equality is not merely a promise but a pursuit. It mandates the State not only to safeguard rights but also to actively promote and restore them," he stated.
The title of CJI Gavai’s address at the Oxford Union was 'From Representation to Realisation: Embodying the Constitution's Promise'.
Point of View
I firmly believe that CJI Gavai's insights reflect a crucial balance necessary within our judicial system. His emphasis on responsible judicial activism and the importance of protecting citizens' rights aligns with the nation's values. As we navigate these complex issues, it is vital to ensure that the judiciary respects its boundaries while remaining a guardian of justice.
NationPress
12/06/2025
Frequently Asked Questions
What did CJI Gavai say about judicial activism?
CJI Gavai stated that while judicial activism is essential, it must not cross into judicial terrorism, emphasizing the need for the judiciary to respect its boundaries.
How should judicial review be exercised according to CJI Gavai?
He advised that judicial review should be applied sparingly and only in exceptional circumstances, such as when laws violate the Constitution or fundamental rights.
What is the significance of the Constitution according to CJI Gavai?
CJI Gavai described the Constitution as a transformative force that uplifts marginalized communities and embodies the pursuit of equality.
