Judicial Activism Must Not Become Judicial Adventurism or Judicial Terrorism, Says CJI Gavai

New Delhi, November 17, 2025: Chief Justice of India B.R. Gavai on Monday underscored the importance of maintaining a balance in the exercise of judicial activism, cautioning that it should not devolve into “judicial adventurism or judicial terrorism.” Speaking at an event organised to release the book Our Rights: Essays on Law, Justice and the Constitution, authored by former Chief Justice of Allahabad High Court Justice F.I. Rebello, CJI Gavai elaborated on the role of courts in safeguarding citizen rights while respecting institutional boundaries.

“Judicial activism is bound to remain an integral feature of our legal system,” Justice Gavai said. “Whenever the legislature or the executive fails to protect the rights of citizens, the constitutional courts, whether the high courts or the Supreme Court, are duty-bound to step in. But at the same time, judicial activism should not cross its limits to become judicial adventurism or judicial terrorism.”

The CJI’s remarks came during the release of Justice Rebello’s book, which explores the interplay between law, justice, and the Constitution. According to Gavai, the work provides an insightful framework for understanding the scope of judicial activism and its proper boundaries.

“A limit within which judges should exercise judicial activism has been vividly explained in this book,” Justice Gavai said, noting that Justice Rebello has addressed a wide variety of topics that are relevant to the judiciary today. He highlighted that the book delves into how the Indian legal and constitutional framework has facilitated unity in a diverse nation and provided mechanisms to address contemporary societal and legal challenges.

CJI Gavai praised Justice Rebello for tackling the challenges faced by the judiciary in modern India without hesitation. “Justice Rebello does not shy away from discussing the contemporary challenges confronting the judiciary today,” the Chief Justice observed.

Reflecting on India’s legal journey over the past 75 years, Justice Gavai said that the legislature, Parliament, executive, and judiciary have consistently strived to work pragmatically, balancing the principles of justice, equity, and social welfare. He expressed hope that the book would serve as a guiding resource for judges, lawyers, and law students alike.

“I am confident that this book will act as a treasure for judges, lawyers, and students of law, helping all of us navigate the path toward social and economic equality,” he said.

The book release event was also attended by Supreme Court judge Justice Vikram Nath, several other sitting judges, senior advocates, and prominent members of the legal fraternity. Justice Nath spoke on the occasion, appreciating the depth of analysis in Justice Rebello’s essays and their relevance to contemporary legal discourse.

CJI Gavai’s remarks come at a time when discussions on the limits and scope of judicial activism have gained renewed attention in India. By emphasizing caution, the Chief Justice reiterated the judiciary’s dual responsibility: to intervene when constitutional rights are threatened, and to ensure that such intervention does not overstep its bounds or undermine democratic governance.

The release of Our Rights: Essays on Law, Justice and the Constitution provides a platform to reflect on the evolving nature of judicial responsibility in India. The book, according to speakers at the event, offers critical perspectives on how the judiciary can balance activism with restraint, ensuring that its interventions strengthen rather than destabilize the rule of law.

Through this discourse, CJI Gavai reinforced the idea that judicial activism, when exercised with prudence and foresight, is a powerful tool for upholding rights and justice. Conversely, unchecked intervention risks transforming courts into instruments of arbitrary decision-making, which can erode public trust and challenge the democratic framework.

The event highlighted the need for continuous dialogue within the legal community on the ethical and practical dimensions of judicial activism. By situating the judiciary’s role within the broader constitutional architecture, Justice Gavai emphasized that courts must maintain a delicate equilibrium—asserting rights where necessary while respecting the mandates of the legislature and executive.

In conclusion, the Chief Justice affirmed that the book would be an essential reference for legal professionals navigating the complex intersections of law, social justice, and constitutional governance. He encouraged lawyers, judges, and students to engage with the work critically, allowing its insights to inform their understanding of the judiciary’s role in a rapidly changing society.

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