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‘Judicial activism shouldn't turn into judicial terrorism': Former CJI Gavai
Justice BR Gavai demitted office on November 23 as the 52nd Chief Justice of India.
A calm reminder about balance and boundaries set the tone for former CJI BR Gavai’s remarks, as he discussed the need for the judiciary to remain accessible without overstepping its constitutional space.
Justice BR Gavai demitted office on November 23 as the 52nd Chief Justice of India. Chief Justice Surya Kant assumed charge as the 53rd CJI on Monday morning.
Explaining why judicial intervention is sometimes necessary, he added, “On many occasions, citizens, on account of their socio-economic handicaps, are not in a position to directly approach the court for redressal of their grievance, for protection of their rights,” he told ANI in an interview.
“So, in such a situation, permitting a person to approach the court on their behalf is, in a way, fulfills our promise of economic and social justice to the last citizen of this country. But there are limits within which judicial activism should act. As I always say, judicial activism should not turn into judicial terrorism. Ultimately, our Constitution believes in the separation of power between the legislature, executive and the judiciary,” he added.
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Gavai on ‘bulldozer justice’
He pointed to the court’s approach in unlawful demolition matters.
“We had given a liberty to the citizens to knock the doors of the High Courts wherever there was a violation and we had also expected that wherever such grievances were brought to the notice of the court, we had laid down stringent measures that the person who is indulging in violation of the orders of the court, would be guilty for the contempt of the court,” he told ANI.
“We had also directed that if such demolished houses, after following the proper procedures, are found to be illegally demolished, then the government will have to reconstruct it and recover the amount from the persons who are guilty.”
He recalled how the judiciary intervened in what came to be described as “bulldozer justice"
“...Like we did in the demolition judgment or the bulldozer justice, when we found that the executive was acting in excess, when we found that the executive was acting as a judge merely because a citizen was found to be involved in a criminal act, his houses were demolished,” he added.
Gavai as CJI
Justice BR Gavai demitted office on 23 November as the 52nd Chief Justice of India.
His retirement cleared the way for Surya Kant to assume office as the 53rd Chief Justice of India.
Though brief, Gavai’s time at the helm saw a mix of landmark judgments and controversies, including a dramatic shoe-hurling incident in court.
Even his farewell interactions, Gavai reflected on both the achievements and challenges of his stint at the top, acknowledging flaws such as the failure to appoint a woman judge, even while striving to enhance representation across regions and communities.
