The Chief Justice of India (CJI) Justice BR Gawai emphasized the need for a restrained use of the power of judicial review. He said that this power should be used only when a law violates the basic structure of the Constitution. Justice Gawai also mentioned that sometimes the court tries to cross the boundaries, which is not appropriate for the judiciary. He warned that judicial vigilance is necessary, but it should not be converted into judicial terrorism.

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Justice BR Gavai expressed his views on the subject of ‘from Representation to Realization Embodiang the Constitutions Promise’ in the Oxford Union, saying that when the legislature and executive fail to protect the rights of citizens, the judiciary is required to intervene. However, the limitations and limitations of this intervention should be determined.

The Chief Justice of India (CJI) BR Gavai has described the constitution as ‘a quiet revolution written in ink’. He said that it is a power that not only gives rights, but also acts to raise the historically buried classes. In his speech on the subject of ‘From Representation to Realization: Emboding the Costations Promis’ in the Oxford Union, CJI Gavai warned of moving towards ‘judicial activism’ to ‘judicial activism’ and emphasized the need to avoid moving in this direction.

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‘Judicial review should be used in very extraordinary cases’

He said that if the legislature or executive fails to protect the rights of citizens, then the judiciary will have to intervene. However, the power of judicial review should be used only in certain and extraordinary cases. CJI Gawai clarified that this power should be used when a law violates the basic structure of the Constitution, or collides directly with a fundamental right, or if the law is clearly arbitrary and discriminated. In such cases the courts can use this power, and this has also been done.

Constitution positive impact on society

In the Oxford Union of London on Tuesday, from ‘representation to implementation: Form Reporting to Realization: Embodying the Constitution’s Promise), the second Dalit and first Buddhist Chief Justice of the country highlighted the positive impact on the margins. He made it clear through his experiences how the Constitution has created opportunities for the weaker sections of the society.

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He told that millions of people in India were considered ‘untouchables’ many decades ago. He was considered unclean and it was told that they are not part of that community. They were also directed that they could not raise their voice for their rights. CJI Gawai said through his example that today we are in this situation, where a person belonging to the same community is sitting on the highest position of the judiciary of the country and keeps his point openly.

Justice Gawai refuses to enter politics

CJI Gawai clearly denied joining politics after his retirement. He said that after holding the post of CJI, no person should take political responsibilities. Expressing his opinion on the misuse of social media, he said that he does not use social media, but believes that judges should not sit in their homes and give decisions. We need to understand the issues of the general public.

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Do not praise the judge leader, people lose their trust in judicial

Justice BR Gawai made it clear that the conduct of judges in and outside the court should be in line with the high standards of judicial morality. He warned that if the judges praise a politician or bureaucrat, it can affect the public’s trust in the judiciary. Apart from this, if a judge resigns to contest elections, it can also affect people’s perception towards fairness. Judicial morality and honesty are basic pillars that maintain the reliability of the legal system.