Former Chief Justice of India, Ranjan Gogoi, clarified the often misunderstood concepts of judicial activism and judicial overreach, emphasizing the critical distinctions between the two. Gogoi highlighted that judicial activism involves the judiciary stepping in to fill legislative or executive gaps, acting proactively in the public interest when other branches of government are inert or ineffective
Guwahati: On Friday (April 5): Former Chief Justice of India (CJI) Ranjan Gogoi recently delivered a keynote address at the 76th foundation day of Gauhati High Court, where he discussed the importance of distinction between “judicial activism” and “judicial overreach.”
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He emphasized that it is the judiciary’s responsibility to determine when to act as a catalyst for change and when to maintain the status quo. Justice Gogoi also highlighted the need for judicial systems to adapt to changing times, a trend that is being recognized globally.
Justice Gogoi stressed differentiating between judicial activism and judicial overreach.
He stated,
“Judicial activism is not the same as judicial overreach“.
The former is a peacemaker; the latter is a trespasser.”
He cautioned that while well-intentioned decisions made through adventurous judicial activism can bring about positive changes, they may also lead to unintended consequences and create legal uncertainties.
The former CJI acknowledged the transformative impact of Public Interest Litigation (PIL) on the legal landscape. He described PIL as a revolutionary shift that has transformed the judiciary from a passive arbiter of disputes into an active force for social change.
However, he cautioned that PIL, like a double-edged sword, can sometimes result in judicial overreach, with courts encroaching upon domains traditionally reserved for the legislative and executive branches.
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Justice Gogoi emphasized the need for judicial systems to adapt and recognized the global urgency in this regard.
He stated,
“These systems are called upon to be prophetic, to understand the undercurrents of their rulings, and to promote an environment wherein the law befriends vitality rather than unwittingly hindering it.”
Furthermore, he highlighted that a functional judiciary, equipped with sufficient resources and personnel, is no longer a luxury but an imperative for the nation’s sustained development. The absence of timely justice erodes public trust in the institution and undermines the rule of law, adversely affecting the overall well-being of the nation.
He said that ‘adventurous’ judicial activism carries with it the risk that decisions, though well-intentioned, sometimes lead to unintended consequences, muddying the waters of legal certainty.
Justice Gogoi emphasized that judicial institutions are not merely physical structures but corridors of hope.
He stated,
“The moment hope falters in the hearts of the common man, questioning whether this institution will stand by them through thick and thin, that is the moment we risk losing the essence of our establishment.”
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He maintained that the advent of Public Interest Litigation (PIL) has marked a revolutionary shift in the legal landscape, ‘transforming the judiciary from a passive arbiter of disputes into an active force for social change and at times even bringing in debatable changes in political life and values’.
The former CJI, however, cautioned that the PIL is also like a double-edged sword.
He said,
“On one side, PIL has been instrumental in effecting landmark changes in various sectors, including environmental protection, human rights, and government accountability. On the other side, the broad latitude provided by PIL has sometimes led to what can be seen as judicial overreach, with courts encroaching upon the domains traditionally reserved for the legislative and executive branches and trenching upon political morality.”
Highlighting the need for judicial systems to adapt, the former CJI said the urgency in this regard has been recognized worldwide.
“In the absence of timely justice, the public’s trust in the institution wanes, and the rule of law is undermined, affecting the nation’s overall wellbeing,” Justice (retd) Gogoi said.
The former CJI maintained that the judicial institutions are not merely constructed of bricks and mortar, rather these are corridors of hope.
He asserted that the true measure of the judiciary’s strength does not lie in its resistance to executive control or material infrastructure or resilience against eternal forces.
“Rather, its vitality and relevance are deeply intertwined with the faith that the citizen places in it,” he said.
