Former Chief Justice of India, B.R. Gavai, shared his thoughts on the judiciary, government, and media in an exclusive conversation with News24’s legal correspondent, Prabhakar Mishra. Speaking candidly, Justice Gavai addressed a common perception about judicial independence.
He said, “It is not correct to assume that a judge is independent only if the judgment goes against the government. We cannot operate under the idea that the government is always wrong. Where the government is right, we deliver judgments in its favor, and where it is wrong, we rule against it.”
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Justice Gavai emphasized that decisions are based on law and facts, not on a preconceived notion about the government. He added that during his tenure, there were several high-profile matters where he delivered judgments against the government, demonstrating that the judiciary does not shy away from accountability. At the same time, he clarified that in cases where the government acted correctly, the courts also supported its position.
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Reflecting on his career, Gavai noted that there were instances where three to four consecutive orders in his sequence appeared in high-profile matters, indicating the balanced approach taken by the judiciary. He highlighted that independence is about applying the law impartially, rather than simply opposing or favouring the government.
Justice Gavai’s remarks offer insight into the principles guiding judicial decisions and reinforce the notion that judicial independence is rooted in fairness and objectivity, not opposition to the government.