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Business Standard
4 hours ago
- Politics
- Business Standard
Constitution defines roles of legislature, executive, judiciary: CJI Gavai
Chief Justice of India (CJI) BR Gavai stressed the importance of the Indian Constitution, stating that it has "defined the boundaries" of the three wings of government--legislature, executive, and judiciary. CJI Gavai highlighted that lawmaking is the responsibility of the legislature and state assemblies, while the executive functions within the framework of the Constitution and the law. Addressing the issue of "judicial activism," the CJI asserted that it is necessary for "upholding" the constitution and rights of the citizens. "Judicial Activism is bound to stay, and it is necessary for the upholding of the Constitution and the upholding of the rights of citizens. At the same time, I am of the view that the Indian Constitution has defined the boundaries of its three wings, whether it is the Legislature, the Executive, or the Judiciary. The work of making laws belongs to the Legislature, whether it is the Parliament or the various State Assemblies. It is expected that the Executive functions according to the Constitution and the law", CJI BR Gavai said while addressing an event in Nagpur on Friday. However, CJI Gavai opined that despite "judicial activism" being bound to stay in the judicial system, it should not be allowed to be converted into judicial adventurism or judicial terrorism. "If the Judiciary tries to interfere in the Executive and Legislative fields in every matter, then I always say, though Judicial Activism is bound to stay, it should not be permitted to be converted into Judicial Adventurism and Judicial Terrorism", BR Gavai said. The Chief Justice further stated that when a law is enacted beyond the authority of Parliament or a State Assembly, and it violates constitutional principles, it is imperative for the judiciary to step in. "When any law is made beyond the authority of Parliament or the Assembly, and it breaches the constitutional principles at that time, the Judiciary can step in", he said.
India Gazette
4 hours ago
- Politics
- India Gazette
Indian Constitution has defined boundaries of Legislature, Executive and Judiciary: CJI BR Gavai
Nagpur (Maharashtra) [India], June 28 (ANI): Chief Justice of India (CJI) BR Gavai stressed the importance of the Indian Constitution, stating that it has 'defined the boundaries' of the three wings of government--legislature, executive, and judiciary. CJI Gavai highlighted that lawmaking is the responsibility of the legislature and state assemblies, while the executive functions within the framework of the Constitution and the law. Addressing the issue of 'judicial activism,' the CJI asserted that it is necessary for 'upholding' the constitution and rights of the citizens. 'Judicial Activism is bound to stay, and it is necessary for the upholding of the Constitution and the upholding of the rights of citizens. At the same time, I am of the view that the Indian Constitution has defined the boundaries of its three wings, whether it is the Legislature, the Executive, or the Judiciary. The work of making laws belongs to the Legislature, whether it is the Parliament or the various State Assemblies. It is expected that the Executive functions according to the Constitution and the law', CJI BR Gavai said while addressing an event in Nagpur on Friday. However, CJI Gavai opined that despite 'judicial activism' being bound to stay in the judicial system, it should not be allowed to be converted into judicial adventurism or judicial terrorism. 'If the Judiciary tries to interfere in the Executive and Legislative fields in every matter, then I always say, though Judicial Activism is bound to stay, it should not be permitted to be converted into Judicial Adventurism and Judicial Terrorism', BR Gavai said. The Chief Justice further stated that when a law is enacted beyond the authority of Parliament or a State Assembly, and it violates constitutional principles, it is imperative for the judiciary to step in. 'When any law is made beyond the authority of Parliament or the Assembly, and it breaches the constitutional principles at that time, the Judiciary can step in', he said. (ANI)
News18
7 hours ago
- Politics
- News18
90-Day ‘Mediation For Nation' Campaign To Resolve Pending Cases To Start Next Month
Last Updated: The pan-India mediation campaign would commence on July 1 and will continue till September 30, 2025. A 90-day long pan-India mediation campaign will be launched starting July 1 to settle pending legal cases across the country. Titled 'Mediation For the Nation', the campaign will jointly be launched by National Legal Services Authority (NALSA) and the Supreme Court's Mediation and Conciliation Project Committee (MCPC). The pan-India mediation campaign would commence on July 1 and will continue till September 30, 2025. 'Under the guidance of Chief Justice of India B R Gavai and Supreme Court Judge and NALSA executive chairman Justice Surya Kant, a 90-days long Mediation 'For the Nation' campaign has been conceptualised by the NALSA and MCPC," the release stated. According to the press release, this campaign is being organised with an aim to settle suitable cases pending in courts right from taluka courts to the high courts and take 'mediation to every nook and corner" of the country as peoples' friendly mode of dispute resolution. 'Mediation 'For the Nation' campaign is being launched across India to settle the pending cases and make people believe that mediation as a mechanism for dispute resolution is peoples' friendly, cost effective and speedy with ability to save relationships, time and money," NALSA's press statement stated. The nature of pending cases eligible for mediation include matrimonial disputes, accident claims, domestic violence, cheque bounce, commercial disputes, service matters, criminal compoundable cases, consumer disputes and eviction. The press release said the special campaign intended to involve existing mediators, including professionals who have undergone the 40-hours mediation training recently. The mediation settlement efforts would continue throughout the week as per the convenience of the parties involved. 'The special campaign intends to involve all existing mediators including the mediators who have undergone 40 hours mediation training recently. The campaign will witness mediation settlement efforts on all 7 days of the week as per the convenience of the parties," NALSA said. To ensure success of the special drive, the mediation process might happen offline, in the online mode or in the hybrid method to settle cases. The campaign would be monitored by the Mediation Monitoring Committees of State High Courts. (With inputs from agencies) First Published: June 28, 2025, 09:02 IST
News18
8 hours ago
- Politics
- News18
Judicial Activism Bound To Stay, Shouldn't Turn Into Judicial Terrorism, Adventurism: CJI Gavai
Last Updated: Chief Justice of India B R Gavai on Friday said while judicial activism was bound to stay, it cannot be converted into judicial adventurism or judicial terrorism. Chief Justice of India BR Gavai on Friday once again cautioned against judicial overreach, stressing that while judicial activism was bound to stay, it cannot be converted into judicial adventurism or judicial terrorism. While speaking at an event organised by Nagpur district court bar association, the Chief Justice emphasised the importance of maintaining constitutional boundaries between the three organs of democracy. He further said that when it is found that the legislature or the executive has failed in their duties to safeguard the rights of the citizens, the judiciary is bound to step in. 'All the three wings of the Indian democracy- legislature, executive and judiciary- have been given their limits and boundaries. All the three wings have to work as per law and its provisions. When the Parliament goes beyond the law or rule, the judiciary can step in then," he said as quoted by the news agencies. CJI Gavai further said that if the judiciary tries to interfere unnecessarily in the functioning of the other two pillars, that must be avoided. 'However, I always say that though judicial activism is bound to stay, it should not be permitted to be converted to judicial adventurism and judicial terrorism," CJI Gavai said. Judicial activism is necessary for upholding the Constitution and the rights of citizens, the CJI asserted. He hailed legendary social reformer and jurist Dr BR Ambedkar and said the entire nation has to be thankful for the latter's immense contribution. The Nagpur bar association is the most secular bar with members from all castes and religions, the CJI said, adding he had seen Hindu lawyers working for the cause of the Muslim community and vice versa. The event was attended by Supreme Court justices Dipankar Datta, Prasanna Varale, and Atul Chandurkar, along with Bombay High Court Chief Justice Alok Aradhe, senior administrative judge of Nagpur bench Nitin Sambre, senior judge Anil Kilor, and others. Earlier this month, the Chief Justice also emphasised on same issue while speaking at the Oxford Union, an event organised by advocate-on-record Tanvi Dubey. He had said that while judicial activism will stay and play a role in India, it should not devolve into 'judicial terrorism", adding that there are times when people try to exceed the limits and try to enter into an area where, normally, the judiciary should not enter. '…That power (judicial review) has to be exercised in a very limited area in very exception cases, like, say, a statute, is violative of the basic structure of the Constitution, or it is in direct conflict with any of the fundamental rights of the Constitution, or if the statute is so patently arbitrary, discriminatory, the courts can exercise it, and the courts have done so," the CJI added. Speaking at the event, CJI Gavai also highlighted that decades ago, millions of Indians were referred to as 'untouchables'. However, the Constitution of India ensured that an individual from that same group is now addressing the Oxford Union as the holder of the country's highest judicial office. First Published: June 28, 2025, 07:43 IST
India Gazette
2 days ago
- Politics
- India Gazette
SC notifies guidelines for retention, disposal of records
New Delhi [India], June 26 (ANI): The Supreme Court on Thursday highlighted a lacuna over the management of administrative records and issued guidelines for retention and disposal of documents to create accountability and efficiency across all registry wings. Chief Justice of India BR Gavai, in a message, said that over the years, the registry of the Supreme Court has witnessed a significant increase in the volume and diversity of administrative records generated across multiple branches. CJI said, 'While judicial records pertaining to case proceedings are governed by explicit provisions contained in Order LVI of the Supreme Court Rules, 2013, and further elaborated in Chapter XXI of the Handbook on Practice and Office Procedure of the Supreme Court of India, 2017, a lacuna has persisted with respect to the management of administrative records.' He further added, 'This disparity leads to inconsistent practices across branches, affecting archival clarity and efficiency. The 'Guidelines for Retention and Destruction of Records 2025' aim to remedy this by promoting coherence, accountability, and efficiency in managing administrative records, including institutional decisions, policy implementations, inter-departmental correspondences, audits, and engagements with external stakeholders.' He underscored the importance of properly managing these records for transparency and accountability, and guidelines to establish a rational framework. Operational efficiency is enhanced by the systematic elimination of obsolete documents, easing storage burdens and improving record retrieval speed, said the CJI. 'The Guidelines ensure compliance with audit and statutory obligations by defining appropriate retention periods based on fiscal, legal, and administrative relevance. They are aligned with national public record management standards,' he further continued. The guidelines were stated to have been borne out of detailed consultations among Registrars and officials of the Registry. As per the issued guidelines, original submission notes or paper books bearing signatures of the Chief Justice of India and judges of the Supreme Court are to be preserved permanently. Policy files, office orders and circular files were to be preserved permanently. In case the records of one branch or wing were correlated with those of a different branch or records relating to the confidential branch, an intimation on 'the pendency of court case is to be sent to them as soon as the court case is received in the section', it said. Destruction and retention of records by the relevant branches should be carried out after due approval from the registrar concerned, it further said. (ANI)
