By Kavita Mistry 
Last Updated:
Several political leaders, including Leader of the Opposition Rahul Gandhi, have accused the BJP and RSS of influencing key institutions.
Former Chief Justice of India (CJI) BR Gavai. (PTI file photo)
Former Chief Justice of India (CJI) BR Gavai has asserted that there is “no government interference” in the functioning or decisions of the judiciary. His remarks come amid persistent claims from several political leaders that constitutional institutions are under pressure. In an exclusive conversation with IANS, the former CJI said the judiciary continues to operate independently and dismissed allegations suggesting otherwise.
Several political leaders, including Leader of the Opposition Rahul Gandhi, have accused the BJP and RSS of influencing key institutions. Gandhi has frequently claimed that the judiciary operates under pressure from the government led by Prime Minister Narendra Modi.
Earlier, former CJI DY Chandrachud had also addressed similar criticism, saying that courts must not be viewed as the opposition and emphasising that their role is to examine the constitutionality of laws, not replace elected representatives.
Speaking to IANS, Justice Gavai rejected the allegations outright and clarified how the collegium system functions. “There is no government interference. It is important that when the collegium takes a decision, several inputs are considered. The views of the executive, the Intelligence Bureau, and the law ministry are part of that process. Similarly, opinions of the consultee judges, chief justices concerned, chief ministers, and governors are taken into account. After all discussions, the collegium takes its independent decision. That does not mean the collegium functions under pressure,” he asserted.
Addressing concerns voiced by some leaders that the Constitution is “in danger,” the former CJI referred to the landmark 1973 Kesavananda Bharati judgment, which laid down the basic structure doctrine. He said, “The judgment made it clear that Parliament has no power to amend the basic structure of the Constitution. If anyone still believes otherwise, then such fears are unfounded.”
Reflecting on his tenure, Justice Gavai said he felt content with the work accomplished during his time in office. “I am fully satisfied with my tenure. I am happy, content, and do not feel there was anything I wished to do but could not accomplish.”
Speaking again to IANS, he discussed judicial independence in the age of social media, stressing that public sentiment must never influence a court’s verdict. “I do not look at social media. A judge must never decide a case based on public opinion. Once the facts, documents, and evidence are placed before the court, the judgment must follow the law — not what social media or the public expect,” he said.
Justice Gavai, the 52nd Chief Justice of India, had a long and distinguished legal journey. Though he began practicing in 1985, he was introduced early to the principles of justice through his family’s involvement in social activism. Over the years — as an advocate, judge of the Bombay High Court, Supreme Court judge, and finally as CJI — he built a reputation for judicial efficiency and unwavering commitment to the rule of law. His rulings often sparked wider public discourse, shaping important debates within Indian jurisprudence.
Justice Gavai was sworn in as the 52nd CJI on May 14, succeeding Justice Sanjiv Khanna. His elevation was recommended by Justice Khanna on April 16 and approved by the Law Ministry on April 29. His appointment was historic, as he became the first Buddhist and only the second Chief Justice from the Scheduled Caste community — after Justice K.G. Balakrishnan — to hold the country’s top judicial position.
The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d…Read More
The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d… Read More
November 27, 2025, 13:27 IST
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