Judicial activism shouldn't become judicial terrorism

PRESIDENTIAL REFERENCE HEARING

- OUR CORRESPONDENT

NEW DELHI: Chief Justice of India B R Gavai on Thursday cautioned that judicial activism should never become "judicial terrorism or judicial adventurism", as the Supreme Court heard a presidential reference on whether timelines can be imposed on Governors and the President for acting on Bills passed by state legislatures.

The observation came during an exchange with Solicitor General Tushar Mehta, who argued that elected representatives with direct accountability to voters must not be overshadowed by judicial intervention. "We never said anything about the elected people," CJI Gavai clarified. "I have always said judicial activism should never become judicial terrorism or judicial adventurism."

The remark was followed by a pointed debate on whether courts could remain passive when Governors withheld action on Bills indefinitely. The bench, also comprising Justices Surya Kant, Vikram Nath, P S Narasimha and A S Chandurkar, asked if such inaction would not render a duly elected legislature “defunct.”