Observing that public trust is the judiciary's "most valuable asset," Chief Justice of India (CJI) BR Gavai asserted on Thursday that courts have an active and indispensable role to play in the system of constitutional governance and in fulfilling the mandate of the Constitution. The CJI noted that perhaps the most enduring role of courts in constitutional governance is to sustain public faith in the rule of law, adding that decisions delivered by courts, even if unpopular, must reflect fairness and moral courage.
Justice Gavai, who is currently on a four-day official visit to Bhutan, delivered the keynote address at an event organised by the Jigme Singye Wangchuck (JSW) School of Law at the Royal Institute of Management, Thimphu.
Speaking on the theme of "courts and constitutional governance," he touched upon many aspects, including the active role of courts.
"I will not burden you with more case examples, but I wish to emphasise a larger point: that the courts of any nation have an active and indispensable role to play in the system of constitutional governance and in fulfilling the mandate of the Constitution," the CJI said.
He explained that the judiciary contributes to this process not merely by interpreting constitutional text but by serving as a mediator between institutions, as a guardian of fundamental rights, and as a protector of the environment and collective welfare.
"Courts thus occupy a unique position: they are entrusted with the duty of upholding constitutional balance while ensuring that the spirit of justice pervades governance itself," the CJI said.
Justice Gavai emphasised that judicial authority ultimately rests not on coercive power but on moral legitimacy: the trust and confidence that citizens place in the impartiality, independence, and integrity of the judiciary.
He said courts earn this trust through transparency, reasoned judgments, and consistent adherence to constitutional principles. "Each decision, even if unpopular, must reflect fairness and moral courage. When citizens believe that justice will be done without fear or favour, the legitimacy of the entire constitutional system is strengthened," he added.
The CJI further remarked: "Public trust is the judiciary's most valuable asset. It is what transforms judicial decisions from mere legal orders into instruments of social conscience." He stated that by upholding this trust, courts become not only interpreters of law but custodians of democracy, guarding both the letter and the spirit of the Constitution.
"Lastly, there is one aspect of the judiciary's role that is often discussed far less than it deserves: the responsibility of promoting constitutional literacy and cultivating public understanding of constitutional values," Justice Gavai noted.
He argued that too often, attention remains confined to the immediate outcome of a case. "Yet, the true influence of judicial decisions extends much further. Each judgment becomes a point of reflection, a subject of public dialogue, and a catalyst for civic awareness. It shapes how citizens perceive their rights, their duties, and the moral foundations of their democracy," the CJI said.
He characterised courts not only as institutions of adjudication but as educators of constitutional consciousness. He highlighted that judges, through their words and reasoning, contribute to the public's understanding of justice, equality, and liberty, adding that every judgment is a lesson in democracy and an invitation for citizens to engage with their Constitution.
"As judges, we must remain conscious of this educative role, while being mindful of the delicate balance between judicial aloofness and social engagement," he concluded.
The CJI reiterated that courts are vital organs of constitutional governance that safeguard the rule of law, protect fundamental rights, and ensure that every exercise of power remains accountable to constitutional principles. "The judiciary stands as both a guardian and a moral conscience of the Constitution. Its role goes beyond interpretation. It embodies the living spirit of constitutionalism by maintaining the delicate balance among the organs of the State," he asserted.
He mentioned that courts ought to be guided by the spirit of the Constitution and by the vision of the people who framed it. He stated that over the last 75 years, the Supreme Court of India has consistently interpreted fundamental rights expansively, upholding the Constitution as a shield against arbitrariness, discrimination, and abuse of power. Justice Gavai also referred to landmark judgments, including the 1973 Kesavananda Bharati case verdict, noting that the judgement on the "basic structure" doctrine both clipped the parliament's power to amend the Constitution and simultaneously gave the judiciary the authority to review any amendment.
In his address, the CJI also spoke about public interest litigation, calling it a powerful tool for social justice that enables the judiciary to address issues affecting vulnerable and marginalised communities, and noted that courts often influence the direction of public policy.
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