CJI BR Gavai: Judicial Activism Must Not Turn Into “Judicial Terrorism”

In a powerful and thought-provoking speech at the Oxford Union, the Chief Justice of India (CJI) BR Gavai spoke about the importance of judicial activism—but also warned against crossing certain boundaries. He said that while judicial activism is necessary in many cases, it should never become judicial terrorism.

⚖️ What Is Judicial Activism?

Judicial activism is when courts take an active role in ensuring justice by stepping in when the legislature (lawmakers) or the executive (government officials) fail to protect citizens’ rights. Justice Gavai said the judiciary has a duty to step in when other branches of the government do not act properly.

"Judicial activism is bound to stay. At the same time, judicial activism should not be turned into judicial terrorism."

He cautioned that courts must be careful not to overstep their limits by interfering too much in areas that are not meant for the judiciary, like policy-making or administrative matters.

🛑 Use Judicial Review with Restraint:-

CJI Gavai explained that judicial review—the power of courts to strike down laws or actions that go against the Constitution—should be used only in rare and exceptional cases. These include:

• When a law violates the basic structure of the Constitution

• When a law clashes with fundamental rights

• When a law is clearly arbitrary or discriminatory

In such cases, courts can and should step in. But outside of these situations, the judiciary must act with restraint.

📜 Celebrating the Promise of the Indian Constitution

The CJI’s speech was part of an event titled "From Representation to Realization: Embodying the Constitution’s Promise," organized by Advocate-on-Record Tanvi Dubey in collaboration with the Oxford Union.

In a deeply personal and historical reflection, Chief Justice Gavai shared how the Constitution has changed India for the better.

“Decades ago, millions of Indians were called ‘untouchables’. Today, someone from that same group is speaking at the Oxford Union as the Chief Justice of India.”

He celebrated the Indian Constitution as a living document that protects the unheard and aims to turn promises of equality into real action. The Constitution, he said, pushes the State not just to protect rights, but also to uplift, affirm, and repair historical injustices.

🧩 Representation as a Form of Power Sharing

CJI Gavai reminded the audience that Dr. B.R. Ambedkar, the chief architect of the Indian Constitution, believed that democracy in an unequal society can’t survive unless power is shared not just between the judiciary, legislature, and executive, but also among different social communities.

"Representation was a way to redistribute power—not only between institutions but also among communities denied power for centuries."

🗣️ "Yes, the Subaltern Can Speak"

He ended his speech by quoting from the famous scholar Gayatri Chakravorty Spivak’s essay, Can the Subaltern Speak?

“Yes, the subaltern can speak—and they have been speaking all along. The question is no longer whether they can speak, but whether society is truly listening.”

This quote emphasized the need for society to truly hear and respond to the voices of the marginalized.

✨ Final Thoughts:-

Justice Gavai’s message was clear and powerful. While the judiciary plays a crucial role in upholding justice, it must act wisely and within its limits. At the same time, the promise of the Constitution must be continuously worked toward—so that every voice is heard, every right is protected, and true equality is realized.