30 June 2025 Legal Updates

'We Need More Bold & Courageous Judges, That Is How The Constitution Will Survive': Justice Ujjal Bhuyan

Summary:

• Justice Ujjal Bhuyan's Speech at Justice Abhay S. Oka's Farewell Ceremony

Key Message on Judicial Independence: 

Justice Bhuyan emphasized that India's Constitution will survive through the appointment of bold and courageous judges. Quoting Caroline Kennedy, he stressed that democracy's foundation is the rule of law, requiring an independent judiciary capable of making decisions free from political influence.

Historical Context of Basic Structure Doctrine:

• He traced the origins of the "basic structure" concept to a 1963 Pakistani Supreme Court case (Fazlur Kadir Chaudhary vs Mohammad Abdul Haq), calling it the first germination of basic features doctrine
• Despite India-Pakistan being adversaries, he noted India's commitment to non-violence and peace

Defense of Kesavananda Bharti Judgment:

 Justice Bhuyan addressed criticism of the landmark Kesavananda Bharati case, which established the basic structure doctrine. While acknowledging it's been criticized as "anti-democratic," he disagreed with this characterization, noting that the Supreme Court's Constitution Bench has upheld it in at least 10 subsequent judgments.

Critique of NJAC and Political Opposition:

• He explained that the National Judicial Appointments Commission (NJAC) Act was introduced to replace the Collegium system but was struck down by the Supreme Court for violating separation of powers and judicial independence
• Justice Bhuyan specifically criticized former Finance Minister Arun Jaitley's reaction, who had called it "tyranny of unselected judges" and questioned how laws made by lawmakers could be set aside by unelected judges
• He called this objection "untenable" and having "no place at all"

Concluding Reflection: 

• Justice Bhuyan concluded by quoting India's first President, Dr. Rajendra Prasad (1949): "We have prepared a democratic Constitution but the successful working of the Constitutional Institutions requires in those, who have to work them, willingness to respect the view points of others, capacity for compromise and accommodation."
• He described these words as "prophetic," noting their relevance from 1949 to 2025, emphasizing the enduring importance of mutual respect and accommodation in constitutional governance.
• Overall Theme: The speech championed judicial independence, defended the basic structure doctrine, and called for courageous judges while emphasizing the need for institutional respect and cooperation in India's democratic framework.

Justices Lalit, Sanjiv Khanna & I've Attempted To Dispel Notion That Supreme Court Is 'CJI's Court' : CJI BR Gavai

Summary:

• CJI B.R. Gavai's Address on Supreme Court Governance and Judicial Philosophy

Key Message:

Supreme Court is Not "CJI's Court" Chief Justice B.R. Gavai emphasized that the Supreme Court belongs to all judges, not just the Chief Justice. Speaking at a felicitation ceremony in his hometown Nagpur, he stressed that administrative decisions are made collectively by the full court, not unilaterally by the CJI.

"First Among Equals" Philosophy:

CJI Gavai positioned himself as continuing the legacy of his predecessors, Justices U.U. Lalit and Sanjiv Khanna, in dispelling the notion that the SC is the "CJI's Court". He affirmed his belief that a CJI is only the "first among the equals" and not the "Master of the Supreme Court". Both he and Justice Khanna held full court meetings immediately after assuming office to ensure collective decision-making.

Concrete Examples of Collective Decision-Making:

Decisions made by the Supreme Court on May 15, 2025, were attributed to the entire court, not just CJI Gavai.The recent removal of glass panels from SC corridors (installed last year) was a full court decision made after considering bar grievances and the need to restore the court's "original grandeur"

Views on Judicial Activism:

CJI Gavai defended judicial activism as necessary when other branches of government fail:

•  "Judicial activism was necessary because whenever the executive or the legislature fails, the judiciary has to step in as a custodian of the rights of the citizens". He emphasized that while judicial activism is here to stay, it should never become "judicial adventurism or judicial terrorism". All three branches of government should work within their allocated spheres.

Philosophy on Judgeship:

• Described judgeship not as a job but as "service to society and to the nation". Emphasized continuous learning, stating he always puts himself in the role of a student

Judicial Appointments and Collegium System:

CJI Gavai outlined the Collegium's approach to appointments:

• Following transparency principles
• Conducting interactions with candidates
• Maintaining both seniority and merit
• Cited Justice Atul Chandurkar's Supreme Court appointment as a "living example" of this balanced approach

Overall Theme:

The address focused on collective governance, judicial restraint within appropriate bounds, and transparent appointment processes while emphasizing service to the nation over personal authority.