Chief Justice's judicial terrorism caution amid government's overreach charge

India Today

2 days ago

Chief Justice of India BR Gavai said that while judicial activism remains an enduring aspect of India's democracy, it must not cross the line into 'judicial terrorism.'Speaking during an informal interaction with Indian students at Trinity College, Oxford Union, Chief Justice Gavai addressed the ongoing debate surrounding the judiciary's 'intrusion' into the legislative domain."Judicial activism is bound to stay. At the same time, judicial activism should not be turned into judicial terrorism. So, at times, you try to exceed the limits and try to enter into an area where, normally, the judiciary should not enter," he said in response to a question.advertisement
The Chief Justice's remarks come at a time when the government has accused the judiciary of overreach. Gavai clarified that the judiciary would intervene if the legislature or executive failed in their duty to safeguard fundamental rights, but that judicial review should be used sparingly."This power has to be exercised in a very limited area in very exception cases, like, say, a statute, is violative of the basic structure of the Constitution, or it is in direct conflict with any of the fundamental rights of the Constitution, or if the statute is so patently arbitrary, discriminatory," he stated. "The courts can exercise it, and the courts have done so."Gavai's comments echoed the note of caution sounded by Justice Surya Kant during his keynote address at the 'Envision India Conclave' in San Francisco earlier this week. Kant had stressed that courts must not supplant the role of the legislature or override the will of the people.advertisement"Instead, they must act as facilitators of democratic dialogue - strengthening participatory governance, protecting the vulnerable, and ensuring rule of law prevails even in moments of political uncertainty," Kant had said. "Judicial overreach risks unsettling the delicate balance of power."Chief Justice Gavai, who is the second Dalit and first Buddhist to hold India's highest judicial office, characterised the Constitution as a "quiet revolution etched in ink." He described it as a transformative force that not only guarantees rights but actively uplifts the historically oppressed.The Chief Justice also urged Indian students studying at British universities to return and contribute to nation-building."The only appeal to you is that after you complete your studies, you do not remain here. Come back to India. Give your services to make our Bharat strong and one of the most important powers in the entire globe," he said. "So, Bharat needs you, respond to that need."With PTI inputs