Chief Justice Warns Against Judicial Activism Becoming "Judicial Terrorism" in Constitutional Democracy

Chief Justice BR Gavai addressed a critical distinction on Monday, emphasizing that judicial activism must never transform into what he termed "judicial adventurism or judicial terrorism."

In his remarks delivered in New Delhi, the Chief Justice of India affirmed that judicial activism will continue to have a necessary place in India's legal landscape. He explained that when the legislature or executive branches fail to protect citizens' rights, constitutional courts—both high courts and the Supreme Court—have a responsibility to intervene.

"However, judicial activism should maintain proper boundaries and not evolve into judicial adventurism or judicial terrorism," Justice Gavai cautioned during his speech.

The Chief Justice was speaking at an event celebrating the release of "Our Rights: Essays on Law, Justice and the Constitution," authored by Justice F.I. Rebello, former Chief Justice of the Allahabad High Court.

Chief Justice Gavai praised the book, noting that Justice Rebello "has very vividly explained" the appropriate limits within which judges should exercise judicial activism. He highlighted that the author covers a diverse range of topics in his work.

"Justice Rebello expertly illustrates how law and the Constitution have unified India despite its remarkable diversity," the Chief Justice remarked. "He boldly addresses the contemporary challenges facing our judiciary today."

Reflecting on India's constitutional journey, Justice Gavai observed that over the past 75 years, all branches of government—the legislature, parliament, executive, and judiciary—have operated together in a pragmatic manner.

"This book will serve as an invaluable resource for judges, lawyers, and law students like myself," the Chief Justice added. "It will guide us all in our collective journey toward social and economic equality."

Supreme Court Justice Vikram Nath also delivered remarks at the well-attended function, which brought together numerous judges, lawyers, and senior advocates from across the legal community.