Courts are also educators, every judgment should be a lesson in democracy: CJI BR Gavai in Bhutan

CJI Gavai gave an address on the theme 'Courts and Constitutional Governance' at the JSW School of Law during a four-day visit to Bhutan.
CJI BR Gavai in Bhutan
CJI BR Gavai in Bhutan
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Chief Justice of India BR Gavai on Thursday observed that the judiciary has an educational role beyond simply being adjudicators of disputes, and that every judgment by a court should be a lesson in democracy.

He observed that often, focus is only placed on the immediate outcome of cases.

"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. Courts, therefore, are not only institutions of adjudication; they are also educators of constitutional consciousness," he added.

He went on to emphasise that judges must remain aware of this role - that they can spread constitutional awareness through their judgments.

"Judges, through their words and reasoning, contribute to the public’s understanding of justice, equality, and liberty. In this sense, every judgment is a lesson in democracy and an invitation to 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. Even while maintaining the dignity and impartiality that our office demands, we can still contribute meaningfully to the spread of constitutional awareness," he explained.

Judges, through their words and reasoning, contribute to the public’s understanding of justice, equality, and liberty ... every judgment is a lesson in democracy ...
CJI BR Gavai

The CJI made the observation while giving a speech as part of the Fifth Wisdom for Future Talk Series organised by the Jigme Singye Wangchuck School of Law at the Royal Institute of Management in Thimphu during a four-day visit to Bhutan.

The event was attended by Her Royal Highness Princess Sonam Dechen Wangchuck, the Chief Justice of Bhutan Lyonpo Norbu Tshering, and judges of the Supreme Court and High Court of Bhutan.

CJI BR Gavai in Bhutan
CJI BR Gavai in Bhutan

CJI Gavai spoke on the theme 'Courts and Constitutional Governance.'

He remarked that courts are the moral conscience of constitutional democracy and that their authority flows from the trust of the people.

"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 said.

Explaining how India’s constitutional framework evolved through judicial interpretation, the CJI referred to the landmark cases of Kesavananda Bharati v. State of Kerala and Minerva Mills v. Union of India. He said these rulings ensured that while Parliament could amend the Constitution, it could not destroy its basic structure.

He also spoke about the expansion of Article 21 of the Constitution, which guarantees the right to life.

He observed that over time, the Supreme Court of India has recognised that the right to life does not end with survival, but extends to ensuring dignity and conditions necessary for a meaningful existence.

He went on to remark that the judiciary’s strength lies not in coercive power but in moral legitimacy - meaning the trust and confidence placed by the public in the impartiality, independence, and integrity of the judiciary.

He noted that courts earn public trust through transparency, reasoned judgments, and consistent adherence to constitutional principles. Public trust is the judiciary’s most valuable asset, he underscored.

"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. Public trust is the judiciary’s most valuable asset. It is what transforms judicial decisions from mere legal orders into instruments of social conscience. 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," he said.

CJI BR Gavai in Bhutan
CJI BR Gavai in Bhutan
Each decision, even if unpopular, must reflect fairness and moral courage ... Public trust is the judiciary’s most valuable asset.
CJI BR Gavai
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