Justice B.R. Gavai Demits Office as 52nd CJI, Warns Against “Judicial Terrorism”

Justice Bhushan R. Gavai demitted office on November 23 as the 52nd Chief Justice of India (CJI). His tenure concluded with a focus on judicial balance, the necessity of intervention, and upholding the constitutional separation of powers. Justice Surya Kant subsequently assumed charge as the 53rd CJI on Monday morning.

On Judicial Activism and Boundaries

In his final interactions, Justice Gavai discussed the fine line the judiciary must walk between accessibility and overstepping its bounds:

• Necessity of Intervention: He explained that judicial intervention is sometimes essential, particularly because many citizens, due to “socio-economic handicaps,” cannot directly approach the court for redressal. Permitting public interest litigation (PIL) “in a way, fulfills our promise of economic and social justice to the last citizen.”
• The Boundary: Justice Gavai issued a strong caution against overreach, stating, “judicial activism should not turn into judicial terrorism.” He reaffirmed the principle of separation of power between the legislature, executive, and the judiciary, which is foundational to the Constitution.

Recollection of “Bulldozer Justice” Intervention

Justice Gavai specifically recalled the judiciary’s intervention in cases that came to be described as “bulldozer justice” (referring to unlawful demolition matters):

• Executive Overreach: He stated that the judiciary intervened when it found the executive was “acting in excess” and “acting as a judge” by demolishing citizens’ houses merely because they were involved in criminal acts.
• Stringent Directives: In these matters, the Court laid down stringent measures, including:
  1. Citizens were given the liberty to approach High Courts for relief.
  2. Persons violating court orders would be held guilty of contempt.
  3. If houses were found to be illegally demolished, the government would have to reconstruct them and recover the cost from the guilty officials.

CJI Gavai’s Brief Tenure

Though brief, Justice Gavai’s time at the helm was marked by significant events, including a mix of landmark judgments and controversies (such as a shoe-hurling incident). He reflected on both the achievements and challenges of his stint, including his failure to appoint a woman judge, despite striving to enhance representation across regions and communities.