A Constitution Bench headed by Chief Justice of India B.R. Gavai and comprising Justices Surya Kant, Vikram Nath, P.S. Narasimha, and Atul S. Chandurkar hears arguments on the final day of the Presidential Reference hearing on September 11, 2025. Photo: YouTube/@SupremeCourtofIndia-1950
The Supreme Court will not “sit idle” and powerless if a constitutional authority fails to discharge his duties, no matter how high he may be, Chief Justice of India B.R. Gavai voiced the court’s firm resolve on the final day of a Presidential Reference hearing, which has brought into sharp focus the schism between Opposition-ruled States and their Governors over delay in clearing crucial laws.“Howsoever high an authority may be, he is not above the law... I am a strong believer in the doctrine of separation of powers. I believe that judicial activism must not turn into judicial terrorism. But at the same time, if one wing of democracy fails in the discharge of his duties, would the court, which is the custodian of the Constitution, be powerless and forced to sit idle,” Chief Justice Gavai asked the Union government, represented by Solicitor-General Tushar Mehta, on Thursday (September 11, 2025). Published - September 11, 2025 08:33 pm IST
