Chief Justice Urges Judicial Restraint, Calls for Balance Between Activism and Constitutional Limits
India’s top judge slams dangerous overreach by courts in fiery speech.
Chief Justice of India BR Gavai delivered a powerful caution on Monday, declaring that while judicial activism remains essential in a democracy, it must never spiral into “judicial adventurism or judicial terrorism.” Speaking at a packed event in the capital, he emphasised that constitutional courts — whether High Courts or the Supreme Court — are duty-bound to protect citizens’ rights whenever the legislature or executive falls short, but such intervention must remain strictly within constitutional boundaries to preserve institutional harmony.
The occasion was the launch of the book ‘Our Rights: Essays on Law, Justice and the Constitution’, authored by former Chief Justice of the Allahabad High Court, Justice F I Rebello. Justice Gavai lauded the work for clearly defining the permissible limits of judicial activism, pointing out that Justice Rebello has meticulously explained how judges can safeguard fundamental rights without encroaching upon the domains of the elected branches of government. He described the book as an invaluable roadmap for the judiciary in an era of growing scrutiny over judicial pronouncements.
Praising the author further, the CJI noted that Justice Rebello fearlessly tackles contemporary challenges facing the judiciary today, including the delicate balance between protecting individual liberties and respecting the separation of powers. He highlighted how the essays illustrate the Constitution’s success in uniting a nation of extraordinary diversity over the past 75 years, thanks to pragmatic cooperation among Parliament, the executive, and the judiciary.
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Justice Gavai called the volume a “treasure trove” not only for sitting judges and practising lawyers but also for law students and scholars, asserting that it will serve as a guiding light in India’s ongoing journey toward true social, economic, and political equality. He expressed confidence that the insights contained in the book would help future generations of the Bench and Bar navigate complex constitutional questions with wisdom and restraint.
The event was attended by several Supreme Court judges, including Justice Vikram Nath, senior advocates, former judges, and prominent members of the legal fraternity. The CJI’s strong remarks come at a time when debates over judicial overreach and the scope of public interest litigation have once again taken centre stage in India’s legal and political discourse.
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