CJI BR Gavai on Boundaries and Activism in Governance
CJI BR Gavai emphasized the defined boundaries of Indian governance's three branches and the crucial role of judicial activism in upholding constitutional rights. He cautioned against turning activism into judicial adventurism while stressing the judiciary's role in intervening when laws breach constitutional principles.
- Country:
- India
Chief Justice of India (CJI) BR Gavai, speaking at an event in Nagpur, underscored the significance of the Indian Constitution in delineating the responsibilities of the legislature, executive, and judiciary. He affirmed that lawmaking is entrusted to the legislature and state assemblies, while the executive operates within constitutional confines.
Addressing concerns of 'judicial activism', CJI Gavai defended its necessity for safeguarding the constitution and citizens' rights. He remarked that judicial activism is here to stay, emphasizing the clear boundaries among the legislature, executive, and judiciary. The CJI reiterated that it is the legislature's task to create laws and the executive's duty to adhere to constitutional directives.
However, he warned against 'judicial adventurism' and 'judicial terrorism', asserting that the judiciary should not overreach into the domains of the executive and legislature except when laws contravene constitutional principles. In such instances, he cited the judiciary's responsibility to intervene.
(With inputs from agencies.)
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