Indian Constitution: CJI Gawai’s big advice ‘judicial activism’ may not become ‘judicial terrorism’

News India Live, Digital Desk: Indian Constitution: Justice going to become the next Chief Justice of the country B.R. Gawai Has said a very important and straightforward thing, which may make us think. He has clearly warned that ‘judicial activism’ (when the courts take steps for the good of society) crosses their limits and change into ‘judicial terrorism’.

Justice Gawai says that our constitution is like a ‘quiet revolution’. That is, it has brought major changes in the country without any bloodshed and has given rights to everyone. He emphasized that the Constitution has distributed the works of every organ-legislature (law-maker), executive (law applied) and judiciary (justice)-separately. Everyone has their own scope.

He reminded PIL (PIL) So, the deprived and the poor of the society were brought to provide justice, but now many times it seems that the courts have started interfering more than necessary. They believe that if the courts start making a lot of interference in government work or policy, it can create a situation like ‘judicial encroachment’ or ‘judicial terrorism’. That is, it should not happen that the judiciary starts to understand themselves in every case and enters excessively in the work of others.

Justice Gawai means that the judiciary should focus on its work – to explain the law, protect the rights of citizens and to give justice. But, making policy or running government schemes is of the government and the legislature. If the judiciary enters a lot in these works, then it can deteriorate the balance of democracy and then no one will be able to fulfill his responsibility properly. This is a kind of warning that every institution can do the best work only by staying in its dignity.

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