New Delhi: Chief Justice of India (CJI) BR Gavai has cautioned against excessive judicial overreach, stating that while judicial activism has a legitimate role in Indian democracy, it must not cross boundaries to become “judicial terrorism.” He made the remarks during an address at the Oxford Union, a prestigious debating society, during an event organised by advocate-on-record Tanvi Dubey.
Judicial Role and Its Limits
“Judicial activism is here to stay,” CJI Gavai said. “But at the same time, it should not be turned into judicial terrorism. There are times when people try to exceed the limits and venture into domains that the judiciary traditionally should avoid.”
The Chief Justice emphasized that the judiciary has a duty to act when the legislature or executive fails to uphold citizens’ rights. However, such interventions should be measured and exceptional. He explained that judicial review should only be invoked in limited cases — such as when a law violates the basic structure of the Constitution, infringes on fundamental rights, or is manifestly arbitrary or discriminatory.
Reflections on Equality and Social Justice
In a powerful personal reflection, CJI Gavai spoke about India’s progress towards social justice, recalling that millions were once labeled “untouchables.” He noted the historic significance of a person from that background now serving as the country’s highest-ranking judge and addressing the Oxford Union.
“The Constitution of India carries within it the heartbeat of those who were never meant to be heard,” he said. “It represents a vision of a nation where equality is not just a promise, but a pursuit. It mandates the state to not only protect rights but to uplift, affirm, and heal.”
Democracy and Power Sharing
Quoting Dr. B.R. Ambedkar, CJI Gavai stressed that democracy in an unequal society can only survive if power is distributed not just among institutions but among different communities. His remarks underscored the importance of inclusive governance and social justice as envisioned in India’s Constitution.
The speech offered a strong reminder of the judiciary’s crucial but carefully defined role in India’s democracy — to protect rights, uphold the Constitution, and ensure that power is balanced with responsibility.
