In a significant and exclusive interview, former Chief Justice of India (CJI) B.R. Gavai offered a robust defense of the judiciary's independence and clarified his own experiences at the helm of the nation's judicial system. The senior judge, whose tenure was closely watched, made it unequivocally clear that he operated without any undue influence from other branches of government.
Upholding Judicial Independence
Addressing a topic of perennial public interest, Justice Gavai delivered a powerful statement. He asserted that during his entire term as the Chief Justice of India, he never faced any pressure from the executive branch or from politicians. This clarification comes at a time when the relationship between the judiciary and the executive is often under scrutiny. He emphasized that the judiciary must maintain its autonomy to function as a true pillar of democracy, ensuring a critical balance of power between itself, the legislature, and the executive.
Judicial Activism vs. Judicial Terrorism
Justice Gavai delved into the concept of judicial activism, acknowledging its vital role in a vibrant democracy. He stated that an active judiciary is essential to protect the fundamental rights of citizens, especially when other mechanisms fail. However, he was quick to draw a clear and important boundary. He cautioned that this activism must always function within the framework of the Constitution.
Judicial activism should not transform into what he termed 'judicial terrorism,' where the courts overstep their mandated role. He highlighted the necessity for the judiciary to remain within its constitutional limits while still holding other institutions accountable and delivering justice to every citizen.
On Legal Recourse in Demolition Cases
When the conversation turned to the contentious issue of bulldozer demolitions, the former CJI provided a clear legal pathway for affected individuals. He explained that citizens who believe their rights have been infringed upon in such actions have the right to seek justice. He pointed out that aggrieved parties can directly approach their respective High Courts to challenge these measures.
Furthermore, Justice Gavai reassured the public that the legal system is not powerless against violations of its orders. He clarified that there are strict legal measures and consequences in place for any entity, including the state, that disobeys directives issued by the courts. This, he implied, acts as a crucial check on executive power and upholds the rule of law.
The interview, given on November 26, 2025, serves as a significant commentary on the state of India's judiciary, reinforcing the principles of independence, accountability, and constitutional balance.
