Ex-CJI Ranjan Gogoi Distinguishes Between Judicial Activism and Judicial Overreach

Former Chief Justice of India (CJI) Ranjan Gogoi emphasized the crucial distinction between “judicial activism” and “judicial overreach” during his keynote address at the 76th foundation day of Gauhati High Court. He asserted that it is the judiciary’s responsibility to discern when to act as a catalyst for change and when to uphold the status quo, highlighting the immense responsibility borne by the judiciary in navigating this delicate balance.

Gogoi underscored the transformative impact of Public Interest Litigation (PIL), which has shifted the judiciary from a passive arbiter of disputes to an active force for social change. While acknowledging the positive contributions of PIL in effecting landmark changes in various sectors, including environmental protection and human rights, he cautioned against its potential for judicial overreach.

According to Gogoi, adventurous judicial activism, while well-intentioned, carries the risk of unintended consequences, potentially muddying the waters of legal certainty. He emphasized that while judicial activism serves as a peacemaker, judicial overreach trespasses into domains traditionally reserved for the legislative and executive branches, encroaching upon political morality.

Highlighting the global recognition of the need for judicial systems to adapt to changing times, Gogoi stressed the imperative of a functional judiciary equipped with sufficient resources and personnel for the sustained development of the nation. He warned that the absence of timely justice undermines public trust in the institution and jeopardizes the rule of law, impacting the overall well-being of the nation.

Gogoi emphasized that judicial institutions are more than mere physical structures; they are corridors of hope. He cautioned against losing the essence of these institutions by eroding public faith in them. He asserted that the judiciary’s strength lies not only in its resistance to external forces but also in the faith that citizens place in it.

In conclusion, Gogoi advocated for innovating ways to make the judicial system more approachable, adaptable, and responsive to the evolving needs of society. Preserving public trust in the judiciary is paramount, and nurturing this trust requires a careful balance between judicial activism and avoiding overreach.

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