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India Today
3 days ago
- Politics
- India Today
Chief Justice's judicial terrorism caution amid government's overreach charge
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 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 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 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
Time of India
3 days ago
- Politics
- Time of India
Judicial overreach risks unsettling power balance, says Justice Kant
NEW DELHI: At a time when judicial activism is often perceived as intrusion into the legislative domain, senior most judge of Supreme Court, Justice Surya Kant, Wednesday warned against courts supplanting the role of the legislature. Tired of too many ads? go ad free now "Courts mustn't supplant the role of legislature or override the will of the people. 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... Judicial overreach risks unsettling the delicate balance of power," he said. CJI Gavai: Judicial activism mustn't turn into judicial terrorism In his keynote address at the 'Envision India Conclave' in San Francisco, Justice Surya Kant said, "True constitutional guardianship lies not in dominance but in restraint - an ethos that reaffirms the judiciary's legitimacy in a vibrant democracy." Speaking on similar lines on Tuesday night, CJI B R Gavai had said at Oxford Union, "Judicial activism is bound to stay. At the same time, judicial activism should not be turned into judicial terrorism. .. (judiciary at times) try to exceed the limits and try to enter into an area where, normally, the judiciary should not enter." Outlining the challenges faced by judiciary in the era of social media explosion where every person has something to say on everything, he said, "In today's hyper-connected world, we are witnessing the rise of a vast digital community - vocal, impatient and, often, uninformed - whose engagement with law is shaped less by understanding and more by sentiment." CJI B R Gavai further said, "They expect courts to deliver judgments that align with their transient emotions and impulses and when the courts' rulings do not match with their expectations based on half-cooked knowledge of law and Constitution, what follows is not reasoned critique but a barrage of trolling, misinformation and personal attacks." This phenomenon posed a subtle yet significant threat to the independence of judiciary, especially in a globalised digital age, CJI Gavai said, adding that it posed a challenge to the reputation of judges and the judicial institution. "It must be met not with timidity, but with the firmness and clarity of purpose that befits a constitutional democracy governed by reason, not rhetoric," he said.
