Chief Justice of India (CJI) B.R. Gavai has emphasized the crucial role of courts in upholding democracy, stating that they serve as the "moral conscience of the Constitution". He made these remarks during an address at the Jigme Singye Wangchuck (JSW) School of Law at the Royal Institute of Management in Thimphu, Bhutan.
CJI Gavai highlighted that courts do more than just resolve disputes; they are essential to constitutional governance, protecting the rule of law, defending fundamental rights, and ensuring that all exercises of power adhere to constitutional principles. He noted that public trust is the judiciary's most valuable asset, cultivated through transparency, reasoned judgments, and consistent adherence to constitutional principles. Even when unpopular, court decisions must demonstrate fairness and moral courage.
The CJI also touched upon the active role of courts in safeguarding constitutional governance and fulfilling the Constitution's mandate. He emphasized that the judiciary contributes by interpreting the constitutional text, mediating between institutions, protecting fundamental rights, and safeguarding the environment and collective welfare.
CJI Gavai cited landmark decisions like Kesavananda Bharati vs. State of Kerala, which established the "basic structure doctrine," preventing Parliament from amending the Constitution in a way that destroys its core principles. This doctrine has become central to Indian constitutional philosophy and has influenced judiciaries worldwide. He also highlighted the broad interpretation of the Right to Life, which includes access to legal aid, speedy trials, education, healthcare, housing, environmental protection, privacy, and protection against the negative impacts of climate change.
During his visit to Bhutan, CJI Gavai praised the nation as a model for compassionate living, noting its balance between tradition and modernity, as well as human aspiration and nature. He also recalled the Bollywood film 'The Lunchbox' (2013), during his four-day official visit to Bhutan.
CJI Gavai emphasized that judicial authority ultimately rests on moral legitimacy, which is the trust and confidence that citizens place in the judiciary's impartiality, independence, and integrity. He stressed that courts earn this trust through transparency, reasoned judgments, and consistent adherence to constitutional principles.
