NEW DELHI: Former Chief Justice of India BR Gavai, who demitted office on November 23, said on Wednesday he never experienced pressure from the executive or political leaders during his tenure and maintained that the Collegium system is transparent. Speaking to ANI, he responded to a question on political influence by saying, “No, genuinely no…” Reiterating the constitutional separation of powers, Gavai said the judiciary functions independently and the allegation that Collegium appointments lack transparency is “not well-founded.” He also dismissed the idea of prescribing a fixed tenure for CJIs or Supreme Court judges, noting that shorter terms do not affect judicial performance.On the role and limits of judicial intervention, Gavai cautioned against overreach. “There are limits within which judicial activism should act. As I always say, judicial activism should not turn into judicial terrorism,” he said. He emphasised that courts must step in when vulnerable citizens cannot approach the system due to socio-economic barriers, but even then, constitutional boundaries must be respected. Discussing the Supreme Court’s ruling against “bulldozer justice”, where state authorities demolished homes of individuals accused of crimes, the former CJI said the Court acted after noticing that properties were being razed without notice or legal sanction. He described such instances as clear executive overreach. “When merely because a citizen was involved in a criminal act, his house was demolished… it was like taking the law into one’s own hands,” he said, adding that families of the accused suffer unjustly. “What is the crime committed by his family? Why bulldoze their roof?” he asked, questioning the constitutional basis of collective punishment.Gavai noted that the Court allowed citizens to directly approach High Courts in demolition cases and laid down strict norms to fix accountability. Illegal demolitions, he said, could require the government to rebuild structures and recover costs from officials responsible.Reflecting on his tenure of six months and 10 days, he said, “It included summer vacation, Dussehra vacation and Diwali vacation. But I could perform whatever I had anticipated and planned out. I don’t think it’s necessary,” when asked whether a fixed tenure should be mandated.
