In globalized world, judiciaries must learn from each other: CJI BR Gavai at Nepal–India Judicial Dialogue

In today’s globalized world, judiciaries of different nations are increasingly interconnected, making it essential for them to learn from one another’s experiences, Chief Justice of India (CJI) BR Gavai said on Friday.

He emphasised that the exchange of knowledge and ideas is now indispensable for the growth and effectiveness of modern judicial systems.

"I would like to emphasise that in today’s globalized world, judiciaries are increasingly interconnected, making it essential for them to learn from one another’s experiences. It is in this context that today’s discussion takes on special significance. Such exchange of knowledge and experiences has become a necessary element for the growth and effectiveness of modern judiciaries," he said.

CJI Gavai was speaking at the Nepal–India Judicial Dialogue 2025 in Kathmandu. The seminar focused on strengthening cooperation between the apex courts of the two neighboring countries.

The dialogue was also attended by Nepal Chief Justice Prakash Man Singh Raut and the Nepalese legal fraternity.

In his speech, CJI elaborated on how the judiciary is no longer a mere adjudicator of disputes but has become a guardian of constitutional ideals and a catalyst for democratic reforms.

"By interpreting the law in light of contemporary challenges, courts can guide the evolution of governance, inspire public trust, and reinforce the idea that democracy is sustained not merely by institutions, but by the values they embody and exemplify. In this sense, the judiciary becomes both a guardian and a catalyst, protecting the foundational structures of society while also encouraging reform that strengthens the moral and ethical fabric of the nation," he noted.

He added that the judiciary’s role has expanded beyond strict legal interpretation and now includes engaging with the broader purposes and consequences of law—an approach that has become central to its identity.

Tracing the trajectory of Indian jurisprudence, the CJI began with the basic structure doctrine propounded in Kesavananda Bharati v. Union of India (1973). He noted how this principle, reaffirmed in later decisions such as M Nagaraj (2006) and the NJAC case (2015), has become a cornerstone of Indian constitutional law and has even influenced courts beyond India.

Judicial independence is an essential feature of the Constitution that cannot be compromised, he stressed.

The CJI also highlighted how the Supreme Court has recognized education, privacy, personal autonomy, reproductive choice and dignity as essential facets of liberty. Such rights have been read into the Constitution through a holistic approach that treats it as a living document, he said.

On equality, Justice Gavai referred to the Court’s consistent effort to move from formal to substantive equality.

Referring to a recent Constitution Bench ruling he was part of, CJI Gavai said the Court had upheld sub-categorisation within Scheduled Castes to ensure equitable distribution of reservation benefits. He stressed that such an approach ensures the most backward groups are not left out.

"In this case, in my own judgment, I suggested that affirmative action jurisprudence must continue to evolve to ensure that its benefits reach the most marginalized among the marginalized, particularly those who have historically remained excluded despite constitutional provisions for social justice," he noted.

Electoral transparency remains another cornerstone, the CJI said.

From the ADR ruling (2002) giving voters the right to know candidates’ backgrounds to last year’s judgment striking down the Electoral Bond scheme (ADR, 2024), the Supreme Court has repeatedly placed integrity at the heart of Indian democracy, he stated.

"The Supreme Court of India has also promoted and reinforced the principles of transparency, fairness, and integrity within electoral processes, ensuring that elections are conducted in a manner that upholds the democratic values enshrined in the Constitution and protects the right of citizens to free and fair representation," he noted.

CJI Gavai also praised the Supreme Court of Nepal for its progressive role in advancing gender justice, privacy, environmental protection and indigenous rights.

He expressed his deep appreciation for these efforts and thanked Chief Justice Prakash Man Singh Raut for fostering dialogue and cooperation between the two judiciaries.