CJI B. R. Gavai cautioned that while courts must protect citizens’ rights, “judicial activism should not turn into judicial adventurism or judicial terrorism.” He made the remark at a book launch in Delhi, stressing the need for balanced judicial intervention.
New Delhi: Chief Justice of India (CJI) B. R. Gavai on Monday said that while courts must step in to protect citizens’ rights, judges should also be careful not to cross their limits. Speaking at a book launch event in New Delhi, he stressed that judicial intervention must remain balanced and responsible.
CJI Gavai explained that
“judicial activism should not turn into judicial adventurism or judicial terrorism”.
He said that judicial activism will always have an important place in India because courts must act whenever the legislature or the executive fails to protect the rights of the people.
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He added that the constitutional courts — both the High Courts and the Supreme Court — have a duty to step in during such situations. However, he warned that judges must ensure that this power is not misused or taken too far.
The CJI was speaking at the release of the book Our Rights: Essays on Law, Justice and the Constitution, written by former Chief Justice of the Allahabad High Court, Justice F. I. Rebello.
During the event, CJI Gavai appreciated the work, saying
“But at the same time, the judicial activism should not turn into judicial adventurism or judicial terrorism”
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while referring to the need for judicial restraint. He said that Justice Rebello has clearly described
“A limit within which the judges should resort to judicial activism, I think he has very vividly explained”.
According to the CJI, Justice Rebello has written about many important subjects and has explained how the Constitution and the law have helped keep India united despite its diversity.
He noted that
“Justice Rebello does not feel shy of addressing the contemporary challenges the judiciary is facing today”.
Reflecting on India’s democratic institutions, CJI Gavai said that over the past 75 years, the Parliament, the executive, and the judiciary have worked together practically and responsibly.
He further added that he believes the book will be very useful for people in the legal field.
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He said,
“I am sure that this book, which will be a treasure for judges, lawyers and students of law like me, will act as a guiding role in helping all of us to walk towards our journey of social and economic equality…”
Supreme Court judge Justice Vikram Nath also addressed the gathering, and several other judges, senior lawyers, and legal scholars attended the event.
The function highlighted the importance of maintaining balance in judicial functioning and the continued role of the judiciary in upholding constitutional values.
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