Chief Justice of India B.R. Gavai, during his visit to Bhutan, said the judiciary serves as both the guardian of public trust and the moral conscience of the Constitution, reflecting its vital role in upholding justice, integrity, and democracy.
During an event in Bhutan, Chief Justice B.R. Gavai emphasized that the judiciary’s most significant asset is public trust. He stated that courts function not merely as institutions for interpreting the law, but also as guardians of democracy and protectors of the Constitution’s spirit.
In his keynote address on “Courts and Constitutional Governance” at the Jigme Singye Wangchuck Law School, CJI Gavai asserted that courts play a crucial and active role in the constitutional governance system, significantly contributing to the objectives of the Constitution.
He remarked that the effectiveness of courts hinges on citizens’ belief that justice will be served impartially and without bias.
The CJI reiterated that public trust is the judiciary’s most valuable resource.
The Chief Justice of India (CJI) emphasized that,
“Public trust is the judiciary’s most valuable asset. It is what transforms judicial decisions from mere legal orders into instruments of social conscience.”
He noted that by preserving this trust, courts fulfill a dual role as not just interpreters of the law but also as guardians of democracy, ensuring adherence to both the letter and the spirit of the Constitution.
Justice Gavai pointed out that one aspect of the judiciary’s function that deserves more attention is its duty to promote constitutional literacy and enhance public understanding of constitutional values. He remarked that discussions often focus narrowly on the immediate outcomes of cases or their effects on the parties involved.
However, he believes that the real impact of judicial decisions is much broader, as each ruling serves as a point of reflection, stimulates public dialogue, and acts as a catalyst for civic awareness. This, in turn, shapes how citizens view their rights, responsibilities, and the moral foundations of democracy.
He stressed that courts are not solely places for adjudication but also play a significant role in educating the public about constitutional principles. Judges, through their judgments and reasoning, enhance the public’s comprehension of justice, equality, and liberty, meaning that each ruling offers a lesson in democracy and encourages citizens to engage with their Constitution.
The CJI asserted,
“As judges, we must remain conscious of this educative role, while being mindful of the delicate balance between judicial aloofness and social engagement.”
He acknowledged that judges can contribute effectively to raising constitutional awareness while upholding the dignity and impartiality required by their position.
He highlighted that courts are essential components of constitutional governance, safeguarding the rule of law, protecting fundamental rights, and ensuring that all exercises of power adhere to constitutional principles.
He said,
“The judiciary stands as both a guardian and a moral conscience of the Constitution. Its role goes beyond interpretation. It embodies the living spirit of constitutionalism by maintaining the delicate balance among the organs of the State,”
He explained that courts extend beyond interpreting the Constitution; they serve as arbiters between institutions, protectors of fundamental rights, and champions of environmental and social welfare. He emphasized that every decision, regardless of its popularity, must reflect impartiality and moral courage.
According to Gavai, the judiciary’s impact reaches beyond individual litigants, acting as a vehicle for fostering democratic awareness and constitutional education. He believes that every judicial ruling enhances citizens’ understanding of their rights, responsibilities, and democratic values.
Justice Gavai said that courts are not merely dispute resolution bodies but essential pillars of constitutional governance.
He said,
“The judiciary stands as both a guardian and a moral conscience of the Constitution. Its role goes beyond interpretation; it embodies the living spirit of constitutionalism by maintaining the delicate balance among the organs of the State,”
CJI Gavai also highlighted the judiciary’s vital role in safeguarding vulnerable and marginalized communities through Public Interest Litigations (PILs). He noted that over the past 75 years, the Supreme Court has broadly interpreted fundamental rights, transforming the Constitution into a protective barrier against inequality, arbitrariness, and misuse of power.
Referring to the landmark 1973 Kesavananda Bharati case, he explained that the Basic Structure Doctrine limited Parliament’s power to amend the Constitution and empowered the judiciary to review such amendments.
He remarked,
“The judgment was a turning point in India’s constitutional journey,”
He also added,
“It recognized that while the Constitution must adapt to changing times, it cannot lose its soul.”
Gavai highlighted the judiciary’s role not just as a dispenser of justice but as the moral custodian of the Constitution and an educator in social consciousness. He concluded that courts uphold justice and democracy by ensuring that all actions are accountable to constitutional principles.