SC is fully independent, brooks no political interference, Justice Gavai tells US audience | India News


NEW DELHI: At a time when Prime Minister Narendra Modi got involved in highlighting alleged pressure being exerted by certain sections of activist lawyers on the courts, Justice Bhushan R Gavai, one of the most senior judge of SC, on Saturday said India’s apex court is fully independent and brooks no political interference.
Speaking to an audience of budding lawyers and legal minds at Kennedy School, Harvard University, days after the US govt said it would expect a fair trial in the case that led to the arrest of AAP leader Arvind Kejriwal and income tax case against Congress, Justice Gavai said, “Indian Constitution has a foundation of separation of powers, which is well established and clearly defined.”
When questioned about fairness and independence of the judiciary, as well as political interference in the judicial decision-making and judges’ appointment system, Justice Gavai, who would be the Chief Justice of India next year, said, “India stands strong on the three parameters of democracy: prevalence of the rule of law, independence of the judiciary, and non-interference of the military in legislative and govt functions.
He emphasised that SC with its foundation resting on the 13-judge Constitution bench judgment in Kesavananda Bharati case on the inviolability of the basic structure of the Constitution, a principle which guides every institution in India. He engaged in an absorbing discussion ranging from functioning of SC, judicial appointments, and recent landmark judgments such as the electoral bond case. Additionally, ethical considerations for the judiciary within a democratic society were thoroughly examined, alongside a discussion on the evolving role of Artificial Intelligence in the justice delivery system.
Explaining the important role of judicial review in Indian democracy, he said, “The main objective behind judicial review is to have a mechanism for observing checks and balances so that there is no misuse of the power conferred to the three pillars of the State. In a nutshell, judicial review is an assurance of preserving and upholding constitutional values… In India, where the rule of law is paramount, judicial review remains a roadblock to any abuse of power by the legislature…”


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