CJI BR Gavai at Nepal–India Judicial Seminar stressed that in a globalized world, judicial unity is vital, and courts must learn from each other to strengthen democracy and justice.
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NEW DELHI: At the Nepal–India Judicial Dialogue 2025 held in Kathmandu, Chief Justice of India (CJI) BR Gavai delivered a powerful address, highlighting the increasing interconnectedness of global judiciaries and the need for collaboration across borders. He emphasized that in today’s globalized world, the exchange of judicial ideas and experiences is indispensable for the growth and effectiveness of modern judicial systems.
“Judiciaries are increasingly interconnected, making it essential for them to learn from one another’s experiences. Such exchange of knowledge and experiences has become a necessary element for the growth and effectiveness of modern judiciaries,”
CJI Gavai said.
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The event was also attended by Nepal’s Chief Justice Prakash Man Singh Raut and members of the Nepalese legal fraternity, further strengthening the cooperative framework between the apex courts of the two neighboring nations.
CJI Gavai underlined that the role of the judiciary has evolved far beyond merely resolving disputes. It has become both a guardian of constitutional ideals and a catalyst for democratic reforms. By interpreting laws in light of contemporary challenges, courts can:
- Guide governance and policymaking.
- Inspire public trust.
- Reinforce democracy by upholding values rather than just institutions.
He noted that this transformation reflects the judiciary’s responsibility not just to interpret laws narrowly, but to engage with their broader purposes and consequences.
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In his address, the CJI traced the trajectory of Indian constitutional jurisprudence, beginning with the basic structure doctrine from Kesavananda Bharati v. Union of India (1973). He observed how this principle, reaffirmed in cases like M. Nagaraj (2006) and the NJAC Case (2015), has become a cornerstone of Indian constitutional law and even influenced courts beyond India.
He reiterated that judicial independence remains an essential, non-negotiable feature of the Constitution.
CJI Gavai also discussed how the Indian Supreme Court has expanded the scope of fundamental rights to cover education, privacy, personal autonomy, reproductive choice, and dignity—reflecting the Constitution as a living document.
On equality, he highlighted the Court’s shift from formal to substantive equality, pointing to the recent Constitution Bench judgment on sub-categorisation within the Scheduled Castes. In his own opinion, he stressed the need to ensure that the benefits of the reservation truly reach the most marginalized among the marginalized.
Another crucial theme of his speech was electoral transparency. Referring to landmark rulings such as:
- ADR Case (2002) – giving voters the right to know candidates’ backgrounds.
- Electoral Bonds Case (ADR, 2024) – striking down the opaque funding mechanism.
He emphasized that the Supreme Court has consistently worked to uphold transparency, fairness, and integrity in elections, safeguarding free and fair representation as the bedrock of Indian democracy.
CJI Gavai also praised the progressive role of the Supreme Court of Nepal, particularly in advancing gender justice, privacy, environmental protection, and indigenous rights. He expressed gratitude to Nepal’s Chief Justice Prakash Man Singh Raut for fostering dialogue and judicial cooperation, calling such exchanges vital for strengthening constitutional governance in both countries.
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