Underscoring that it is now high time for the judicial system to start adapting to the changing times as per the global norms, former Chief Justice of India Ranjan Gogoi on Friday said that the courts must be able to differentiate between ‘judicial activism’ and judicial overreach.’
He added that the judiciary’s prime responsibility is to understand and choose when to act as a catalytic agent for change and when to uphold the status quo.
“This delicate act of navigation – choosing when to act as a catalyst for change and when to uphold the status quo— underscores the Judiciary’s immense responsibility. It is within this context that the distinction between ‘Judicial activism’ and ‘Judicial overreach’ becomes profoundly significant,” PTI quoted Justice (retd) Gogoi as saying.
Gogoi, made the remarks while speaking at the 76th foundation day of Gauhati High Court.
Ex-CJI on ‘Judicial Activism vs Judicial Overreach’
“Judicial activism is not the same as judicial overreach. The former is a peacemaker; the latter is a trespasser,” the former CJI, who is also a Rajya Sabha member added.
Drawing the clear distinction, Gogoi also added that ‘adventurous’ judicial activism carries with it the risk that decisions, though well-intentioned, sometimes lead to unintended consequences, muddying the waters of legal certainty.
‘PIL Is A Double-edged Sword’: Ranjan Gogoi
Talking about the practice of Public Interest Litigation (PIL), Gogoi said that the advent of PILs has marked a revolutionary shift in the legal Paradigm “transforming the judiciary from a passive arbiter of disputes into an active force for social change and at times even bringing in debatable changes in political life and values.”
The former CJI, however, cautioned that the PIL is also like a double-edged sword.
“On one side, PIL has been instrumental in effecting landmark changes in various sectors, including environmental protection, human rights, and government accountability. On the other side, the broad latitude provided by PIL has sometimes led to what can be seen as judicial overreach, with courts encroaching upon the domains traditionally reserved for the legislative and executive branches and trenching upon political morality.”
What is A Functional Judiciary? Ex-CJI Gogoi Guides
According to Gogoi, a functional judiciary requires sufficient resources and personnel. He said it is no longer a luxury but an imperative for the sustained development of any country.
“In the absence of timely justice, the public’s trust in the institution wanes, and the rule of law is undermined, affecting the nation’s overall wellbeing,” Justice (retd) Gogoi said.
The former CJI maintained that the judicial institutions are not merely constructed of bricks and mortar, rather these are corridors of hope.
(with PTI inputs)
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