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Power of judicial review must also steer policy changes: Justice Gavai

Delivering a lecture at the Harvard Kennedy School on Thursday, Justice Gavai elucidated the intricate facets of judicial review

Updated on: Mar 30, 2024, 09:41:40 IST
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The judiciary has a duty to do more than merely interpret the law and overturn any legislation or governmental actions that conflict with the Constitution, Supreme Court judge Bhushan R Gavai has said, emphasising the courts must also correct the current situation by ensuring the appropriate course of action that the political branches ought to take for adhering to constitutional requirements.

Supreme Court judge Bhushan R Gavai. (Wikipedia)
Supreme Court judge Bhushan R Gavai. (Wikipedia)

“As recognised by the courts, making policy is not within the judiciary’s realm. However, in numerous cases, the courts

 
ABOUT THE AUTHOR
Utkarsh Anand

Utkarsh Anand is the National Legal Editor at Hindustan Times, where he leads the newspaper's coverage of the Supreme Court, constitutional law, the judiciary and the Union law ministry. He joined Hindustan Times in 2020 after stints at Press Trust of India (PTI), The Indian Express and CNN-News18, and has over two decades of experience reporting on law, governance and public policy. His work has focussed on some of India's most consequential constitutional and legal developments, including the Supreme Court's judgments on Article 370, marriage equality, decriminalisation of homosexuality, the Babri Masjid dispute, electoral reforms and judicial appointments. He specialises in making complex legal proceedings and judgments accessible to readers while examining their wider social and political impact. Beyond daily reportage, Utkarsh has led investigative projects and enterprise reporting that have shaped public debate and prompted institutional responses. His work has received several journalism awards, including the Ramnath Goenka Excellence in Journalism Award. As National Legal Editor, he has also played a key role in expanding Hindustan Times' legal journalism footprint, mentoring reporters and strengthening coverage across platforms. A Chevening South Asia Journalism Programme Fellow, Utkarsh regularly writes analyses on the judiciary and constitutional issues, and his reporting is widely followed by lawyers, judges, policymakers, academics and readers seeking clarity on India's evolving legal landscape.

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