Supreme Court Justice Bhushan Ramkrishna Gavai emphasizes the importance of judicial review in India’s governance during a lecture at Harvard Kennedy School, underlining its role in ensuring executive accountability and shaping policy.
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NEW DELHI: Recently, lecture at Harvard Kenedy School, Supreme Court Justice Bhushan Ramkrishna Gavai elucidated the paramount significance of judicial review in shaping policy formulation and ensuring executive accountability within the Indian legal framework. Under the thematic discourse entitled ‘The Impact of Judicial Review on Policy,’ Justice Gaval emphasized that courts are committed to preserving the constitution, especially when the government neglects its responsibilities.
Justice Gavai articulated the essence of the judiciary’s intervention in matters of governance, stating-
“The Indian judiciary has consistently shown that our constitutional courts cannot remain idle when the executive neglects its responsibilities.”
Justice Gavai elaborated on how often government decisions affect individual rights, stating-
“Often, government and its agencies are making decisions affecting individuals’ rights in various instances.”
He emphasized the importance of administrative authorities exercising judicial discretion in their decision-making, emphasizing the judiciary’s responsibility to review the legality and constitutionality of executive actions.
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Justice Gavai discussed the dynamic nature of the Indian Constitution, referring to it as a ‘living document’ that can evolve to meet the changing needs and aspirations of future generations. He emphasized the importance of Public Interest Litigation (PIL) in empowering ordinary citizens and maintaining the vitality of the Constitution.
“Time and again, the need for judicial involvement has emerged because of inconsistencies in policy-making and the urgency to improve competency within governmental entities.”
-he stated, advocating for a governance framework that is both responsive and accountable.
The Justice pointed out how PIL has revolutionized the concept of ‘locus standi’ in the Indian legal system.
“Through Public Interest Litigation (PIL), the Supreme Court of India relaxed the conventional requirement of ‘locus standi,’ allowing any conscientious citizen to petition the Court on behalf of marginalized segments of society. This opened avenues for those facing social and economic hardships, who may not have been able to access the Court otherwise, to seek justice.”
– Justice Gavai explained.
Justice Gavai also discussed notable actions taken by the Supreme Court that reinforced democratic values and accountability in governance. These included the invalidation of the ‘electoral bond scheme,’ the introduction of the ‘None Of The Above’ (NOTA) option on ballots, and the mandate for extensive disclosure by candidates regarding their criminal records and financial assets. These instances highlight the court’s commitment to promoting transparency, integrity, and inclusivity in the electoral process.
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