New Delhi: Chief Justice of India (CJI) BR Gavai has cautioned against excessive judicial overreach, saying that “judicial activism must not become judicial terrorism”. He was speaking at the Oxford Union during an address titled “From Representation to Realisation: Embodying the Constitution’s Promise”.
CJI Gavai described the Indian Constitution as a “quiet revolution etched in ink” and a transformative tool aimed at ensuring justice, equality, and upliftment of the historically marginalised. While acknowledging the judiciary’s role in protecting constitutional values, he emphasised the need for restraint.
‘Courts must not become unelected policy-makers’
“Judicial activism has played a key role in expanding rights and ensuring accountability. But courts must not cross the line into becoming unelected policy-makers,” he said. “Judicial terrorism occurs when activism turns into overreach, undermining the balance of power.”
The comments come amid ongoing debates over judicial interventions in matters typically handled by the legislature or executive. In recent years, courts have been both praised and criticised for ruling on issues ranging from environmental regulations to religious practices and electoral reforms.
‘Judiciary’s constitutional mandate is to interpret law’
Responding to a question from legal news portal Bar and Bench, CJI Gavai reiterated that the judiciary’s constitutional mandate is to interpret the law, not to assume legislative or executive functions. “Our democracy depends on institutional boundaries. Overstepping them weakens the very structure we aim to protect,” he said.
