Justice Gavai Calls for Judicial Restraint on Pending Litigation

Former Chief Justice of India B R Gavai has publicly rebuked the practice of judges commenting on active cases, asserting that judicial propriety prohibits both sitting and retired members of the bench from weighing in on matters currently under adjudication, regardless of their personal stance on the proceedings.

Editorial·October 6, 2026·reads: 2,132

Justice Gavai Calls for Judicial Restraint on Pending Litigation

The comments follow remarks made by Supreme Court Justice Ujjal Bhuyan regarding the Election Commission’s Special Intensive Revision exercise. While Justice Bhuyan framed his observations around the fundamental right to vote and the integrity of the electoral process, Gavai emphasized that such public discourse risks undermining the established boundaries of judicial discipline.

This debate highlights a growing tension within the legal community regarding the role of jurists outside the courtroom. Senior Advocate Abhishek Manu Singhvi and former Supreme Court Judge R F Nariman have defended the right of judges to speak on issues that impact democratic participation, arguing these topics transcend strictly legal interpretation. Despite this support, Gavai maintains that the sanctity of the court process depends on judges refraining from public debate until a final verdict is reached.