Lagatar24 Desk
New Delhi: Chief Justice of India (CJI) Justice B R Gavai has emphasized that the power of judicial review must be exercised with restraint and only when a law violates the basic structure of the Constitution. Speaking at the Oxford Union on the topic “From Representation to Realization: Embodying the Constitution’s Promise,” Justice Gavai stated that while judicial alertness is crucial, courts must avoid crossing boundaries into areas where judiciary traditionally has no role. According to him, unchecked activism risks turning into what he termed as “judicial terrorism.”
Judicial Oversight Has Limits
Justice Gavai explained that the judiciary intervenes only when the legislature and executive fail to protect citizens’ rights, but such interventions must respect institutional boundaries. Overstepping these could undermine democratic balance. “Sometimes courts attempt to enter spaces where ordinarily judiciary should not tread,” he said, cautioning against overreach.
Judicial Ethics and Public Confidence
The CJI, who has ruled out joining politics after retirement, reiterated that judges must maintain high standards of judicial ethics both on and off the bench. Public praise of politicians or bureaucrats by judges can erode public confidence in the judiciary, he warned. He stressed that judges must conduct themselves in a manner that upholds public trust in the entire judicial system.
