Judicial Independence Upheld: Former Chief Justice BR Gavai Explains How Indian Judges Follow Only the Constitution

New Delhi:

In an exclusive interview with NDTV, former Chief Justice of India Justice BR Gavai emphasized that while India's judiciary maintains its independence, their decisions are frequently interpreted through a political lens. Justice Gavai addressed how judicial actions are often misunderstood, leading to incorrect narratives about the court system.

Justice Gavai clarified that judges make decisions based on the merits of each case rather than who stands before them. "We decide by looking at the case of the opponent in front of us," he stated firmly. "In some cases, we rule in favor of the government, in others against it. Independence doesn't mean consistently ruling against the government - that would itself indicate bias."

He strongly affirmed that courts neither take sides nor succumb to external pressure. "Judges take their oath to be independent. Our commitment to the constitution and the oath we take guides our work," Justice Gavai explained.

This judicial independence extends to cases involving central agencies' actions against political figures. "You must have heard that I have openly criticized the ED (Enforcement Directorate) many times," he noted. "My opinion is that political battles should be fought in front of the electorate. Whenever I perceived any agency, whether the ED or state police, victimizing politicians for political reasons, I never hesitated to provide appropriate relief."

Justice Gavai recently retired from his position, with Justice Surya Kant succeeding him as the 53rd Chief Justice of India.