Chief Justice of India (CJI) BR Gavai, during his address at the Oxford Union, said judicial activism is vital but must not overstep constitutional limits. He warned that excessive judicial intervention could turn activism into ‘judicial terrorism’.
“Judicial activism is bound to stay. But it should not exceed its scope,” said CJI Gavai. “At times, you try to exceed the limits and enter areas where the judiciary should not tread.”
His remarks came in response to a question on the judiciary’s role in governance.
Review powers must remain limited, says CJI
CJI Gavai noted that the courts would intervene if the legislature or executive failed to protect fundamental rights. However, he insisted that the power of judicial review should be used sparingly.
“This power must be exercised only in rare cases,” he stated.
He cited examples such as laws that violate the Constitution’s basic structure or discriminate arbitrarily.
“If a statute is clearly arbitrary or clashes with fundamental rights, then courts must act. And courts have done so,” he added.
Constitution enables historic transformation
Referring to his personal journey, the CJI said the Indian Constitution allowed someone from a Scheduled Caste background—once labelled ‘untouchable’—to lead the nation’s judiciary.
He called the Constitution ‘a quiet revolution etched in ink’ that holds the power to uplift and repair.
“It embodies the vision of a country where equality is pursued, not just promised,” he declared.
The CJI Gavai speech, titled From Representation to Realisation: Embodying the Constitution’s Promise, underlined the judiciary’s role in upholding rights without overstepping its bounds.
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