“Judicial Activism Shouldn’t Turn Into Judicial Terrorism”: CJI Gavai

CJI B R Gavai

Chief Justice of India B.R. Gavai addressed an audience at Oxford University in London, as part of the discussion “From Representation to Realisation: Embodying the Constitution’s Promise.”

In his remarks, Justice Gavai underscored how India’s Constitution has driven social change for marginalized communities—and why the judiciary must exercise activism with care.

From “Untouchables” To Chief Justice

Justice Gavai invoked his personal trajectory to illustrate the Constitution’s transformative power. He recalled the days when millions in India were ostracized as “untouchables,” subjected to indignities and denied a voice.

Reflecting on that history, he stated, “Many decades ago, millions of citizens of India were called ‘untouchables’. They were told they were impure. They were told that they did not belong. They were told that they could not speak for themselves. But here we are today, where a person belonging to those very people is speaking openly, as the holder of the highest office in the judiciary of the country.”

His ascension as the second Dalit and India’s first Buddhist Chief Justice epitomizes the overturning of entrenched social barriers.

The Constitution

Labeling India’s founding document “a quiet revolution etched in ink,” Chief Justice Gavai emphasized its role as more than law on paper—it is the bedrock of societal transformation. He noted:

Empowerment Through Rights: Constitutional guarantees have enabled historically excluded groups to claim their rightful place in public life.

Enduring Social Impact: Unlike abrupt upheavals, the Constitution’s changes have unfolded steadily, reshaping mindsets over generations.

This “inked revolution” has thus functioned as the engine of India’s ongoing social awakening.

Judicial Activism

When queried by a legal news portal about the future of judicial intervention, Justice Gavai affirmed its permanence:

“Judicial activism is bound to stay. At the same time, judicial activism should not be turned into judicial terrorism. So, at times, you try to exceed the limits and try to enter into an area where normally the judiciary should not enter.”

He stressed that proactive courts play a critical role in upholding rights and correcting executive or legislative lapses. Yet, he warned against:

Overreach (“Judicial Terrorism”): When judges stray beyond constitutional confines and usurp functions belonging to elected branches.

Preservation of Basic Structure: Judicial review must intervene only when actions undermine the Constitution’s fundamental framework.

Striking The Right Balance

Chief Justice Gavai’s address underscored 2 indispensable truths:

Power of Representation: The Constitution’s promise lies in actualising rights, giving voice to the voiceless, and dismantling age-old hierarchies.

Guarding Institutional Limits: Judicial activism must tread carefully, lest it metamorphose into overbearing interference.

His words at Oxford evince a nuanced understanding: courts must remain vigilant guardians of constitutional liberties while respecting the demarcations of democratic governance.

Looking Ahead

As India continues its journey of social and legal evolution, Chief Justice Gavai’s insights offer a roadmap.

The Constitution remains both shield and catalyst for the marginalized, while the judiciary, at its best, serves as a balanced arbiter, poised between dynamic activism and humble restraint.