Justice Gavai cautions HC judge against canvassing for elevation to SC, lack of punctuality

In a stern word on judicial conduct, Supreme Court judge BR Gavai admonished certain high court judges for various lapses, including canvassing for their elevation to the apex court, and failing to adhere to punctuality and efficiency in their duties. “While cooperative federalism is essential for maintaining India’s unity and integrity, competition, contestation or friction between the different federal units, when exercised in a democratic and constitutional manner, is equally necessary for the country’s overall development,” said the senior Supreme Court judge, explaining that such contestation furthers the principles of federalism and democracy. Justice Gavai illustrated this with landmark cases like Navtej Singh Johar Vs Union of India, in which the Supreme Court decriminalised homosexuality, reinforcing the principles of dignity, equality and privacy. He remarked: “By striking down this section, the Court reinforced the notion that the law must evolve with changing societal norms and protect the rights of marginalised communities.” Justice Gavai also addressed the issue of judicial overreach, cautioning that while the judiciary plays a critical role in interpreting laws and bridging gaps in legislation, it must not overstep its bounds. Even as the judge acknowledged that the courts they do act as catalysts in policymaking, justice Gavai highlighted: “The ultimate framers of the law in a democracy are the legislators, and the judiciary is vigilant in not overtaking that function.” He cited recent instances, such as the same-sex marriage case, where the Supreme Court recognised its limitations in making laws that fall within the legislative domain.