Judicial activism shouldn't turn into judicial terrorism or adventurism: CJI Gavai

Time of India

a day ago

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Nagpur: Chief Justice of India (CJI) Bhushan Gavai on Thursday cautioned against judicial overreach, stressing that though judicial activism is bound to stay, but it should not be allowed to turn into judicial adventurism or judicial terrorism.
Speaking at a grand felicitation by the District Bar Association (DBA) on the premises of the District and Sessions Court in Nagpur, Gavai emphasised the importance of maintaining constitutional boundaries between the three organs of democracy.
"Every institution must function within the limits drawn by the Constitution. Parliament frames laws, the executive implements them, and the judiciary ensures they comply with constitutional principles.
When the Parliament or assemblies enact laws that violate the Constitution of India, the judiciary can step in. But if the judiciary tries to interfere unnecessarily in the functioning of the other two pillars, that must be avoided," he said.
The event was graced by Supreme Court justices Dipankar Datta, Prasanna Varale, and Atul Chandurkar, along with Bombay high court chief justice Alok Aradhe, senior administrative judge of Nagpur bench Nitin Sambre, senior judge Anil Kilor, and others.
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Justice Gavai's mother Kamaltai and wife Tejaswini also shared the dais.
Recalling several milestones of his career, Gavai recounted his early reluctance to practise law and how the teachings of Dr BR Ambedkar and his father RS Gavai, a stalwart in social and political spheres, shaped his life. "From my childhood, I was exposed to Dr Ambedkar's ideals. My father would often say that one day his son would be the CJI, but sadly, he isn't here to see it.
I am grateful that my mother is alive to witness this moment," he said emotionally.
Paying rich tributes to Dr Ambedkar, he called the Indian Constitution a unique document. "It ensures social, financial, and political justice, along with liberty of thought and equality. I have always said that whatever I am today, it is because of the Constitution and Dr Ambedkar's vision," he said.
Gavai also recalled unveiling Dr Ambedkar's statue and portrait at the Nagpur bench when he was the administrative judge.
"But more than his portrait, what we need are his thoughts. They must guide us," he remarked.
Describing the Nagpur bar as a secular and inclusive institution, he lauded DBA for never discriminating on the basis of caste and religion. He congratulated DBA secretary Manish Randive, and president Roshan Bagade, recalling how the latter became the association's first backward-class president. "Many small communities have produced lawyers today.
I'm proud to be a member of this bar," he said.
Gavai revisited significant cases, including a PIL he filed on behalf of a student from the Mehtar community in 1985, which led to a landmark high court decision allowing the student's admission — a moment he termed more satisfying than any financial gain. He also recalled being part of a plea that saved lakhs of slum dwellers from eviction in Mumbai after securing a stay in the Supreme Court within eight days.
Highlighting the judiciary's constructive role, he credited public interest litigations (PILs) at the Nagpur bench for facilitating the new district court building and helping regulate slum settlements on zudpi jungle lands, safeguarding the right to livelihood. "Directive Principles and Fundamental Rights were carefully considered in these decisions," he noted.
Gavai also fondly remembered his days as a DBA member, sharing anecdotes with justice Sambre and others during bar elections.
He acknowledged legal luminaries from Nagpur like ex CJI Mohammed Hidayatullah, Bhausaheb Bobde, and VR Manohar, calling them 'legal eagles' and 'gifts from Nagpur to the judiciary'. "Like justice Datta said, my natural choice should be politics, but it was till 1990 before I decided to take up the legal profession," he said.
"My father once told me, 'You can earn money as a lawyer, but as a judge, you can fulfill Babasaheb Ambedkar's dream of social and economic upliftment'," said the CJI, reflecting on his journey. Gavai, who credits his late father, veteran leader Dadasaheb Gavai, for shaping his path, also acknowledged the personal cost of his public role.