Judicial activism should not be turned into judicial terrorism: CJI Gavai
New Delhi: Chief Justice of India B.R. Gavai contended that while judicial activism holds significance in India, the courts must be careful not to step into an area where the “judiciary should not enter”.
“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,” the CJI said in response to a question asked at the Oxford Union.
CJI Gavai said that the judiciary will still step in if the legislature or the executive fail in their duties to safeguard the fundamental rights of citizens, but the power of judicial review should be used sparingly.
“(Judicial review) 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….the courts can exercise it, and the courts have done so,” he said.
Referring to himself, CJI Gavai said that the Constitution of India has ensured that an individual from the SC community, who were historically referred to as ‘untouchables’, is now addressing the Oxford Union as the holder of the country’s highest judicial office.
He described the Constitution as a “quiet revolution etched in ink”, having a transformative force to actively uplift the historically oppressed.
“The Constitution of India carries within it the heartbeat of those who were never meant to be heard, and the vision of a country where equality is not just promised, but pursued. It compels the State not only to protect rights, but also to actively uplift, to affirm, to repair,” he said.
The CJI’s speech at Oxford Union was titled ‘From Representation to Realisation: Embodying the Constitution’s Promise’.