Former Chief Justice Ranjan Gogoi

The retired judge cautioned that public interest litigation is also like a double-edged sword.

Guwahati:

Distinguishing between “judicial activism” and “judicial overreach”, former Chief Justice of India Ranjan Gogoi on Friday maintained that it was the judiciary’s responsibility to choose when to act as a catalyst for change and when to maintain the status quo.

He also emphasized the need for the judicial system to adapt to changing times, which is being recognized globally.

“This delicate act of navigation – choosing when to act as a catalyst for change and when to maintain the status quo – underscores the enormous responsibility of the judiciary. It is in this context that the relationship between ‘judicial activism’ and ‘judicial overreach’ The distinction becomes profound and significant,” said Justice (retd) Gogoi.

He was delivering the keynote address at the 76th anniversary of the Gauhati High Court.

“Judicial activism is not the same as judicial overreach. The former is a peacemaker; the latter is an intruder,” the member of the House of Federation added.

He said the risk posed by “risky” judicial activism was that decisions, while well-intentioned, could sometimes lead to unintended consequences that muddy the waters of legal certainty.

He believes that the emergence of public interest litigation (PIL) marks a revolutionary shift in the legal landscape, “transforming the judiciary from a passive arbiter of disputes into an active force for social change, sometimes even bringing contentious changes to political life” and values”.

However, the former CJI warned that PIL is also like a double-edged sword.

He said: “On the one hand, PILs have played an important role in bringing about landmark changes in various areas, including environmental protection, human rights and government accountability. On the other hand, the wide latitude provided by PILs has sometimes led to some visible The result. Judicial overreach, courts intruding into areas traditionally reserved for the legislative and executive branches, and infringing upon political morality.”

The former chief justice minister stressed the need for adjustments in the justice system, saying the world recognized the urgency in this regard.

“These institutions are required to be anticipatory, to understand the undercurrents of their rulings, and to promote an environment where the law favors vitality rather than inadvertently hinders it,” he said.

He added that an effective judiciary with adequate resources and personnel is no longer a luxury but a necessity for the country’s continued development.

“When justice is not delivered promptly, public trust in institutions erodes and the rule of law is undermined, affecting the overall well-being of the country,” Justice (retd) Gogoi said.

The former CJI believes that the judiciary is not just built of bricks and mortar but is a corridor of hope.

“When the hope in ordinary people’s hearts falters and they question whether this institution will be there to support them through thick and thin, we risk losing the very essence of our institution,” he said.

The true measure of the strength of the judiciary, he asserted, does not lie in its resistance to administrative control or physical infrastructure, or to eternal forces.

“Instead, its vitality and relevance are deeply intertwined with citizens’ faith in it,” he said.

Innovative approaches to make the justice system more approachable, adaptable and responsive to society’s changing needs are an integral step in maintaining this trust, he added.

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