CJI at ‘Nepal-India Judicial Dialogue 2025’: Judiciaries must learn from one another’s experience

Noting that in today’s globalized world judiciaries were increasingly interconnected, Chief Justice of India BR Gavai on Friday emphasised the need for them to learn from one another’s experiences.

“Such exchange of knowledge and experiences has become a necessary element for the growth and effectiveness of modern judiciaries,” the CJI said.

CJI Gavai was speaking on “Evolving Role of Judiciary with particular focus on jurisprudential developments and justice sector reforms undertaken by the Supreme Court of India” as part of the ‘Nepal-India Judicial Dialogue 2025’ in Kathmandu.

In this context, the CJI also placed on record his deep appreciation for the stride taken by the Supreme Court of Nepal in matters relating to gender justice, privacy, environment and indigenous peoples rights.

“In both countries, the judiciary serves as a bridge between the aspirations of the people and the ideals enshrined in the Constitution. It is tasked not only with resolving disputes but also with ensuring that the principles of justice, equality, and human dignity are upheld in practice,” he said.

Tracing the role of Indian judiciary in shaping the nation’s destiny, the CJI talked about the doctrine of the Basic Structure which has now become a well‐settled principle in Indian constitutional jurisprudence.

“Its significance has transcended national boundaries, as India’s judgments on the Basic Structure Doctrine have been cited and relied upon by the constitutional courts of several other countries,” Justice Gavai said.

“By adopting a broad, purposive, and context-sensitive interpretation, the Court has not only safeguarded fundamental principles but also proactively responded to the complex and emerging challenges of the 21st century,” he said, citing various cases on gender justice, right to privacy, electoral reforms, environmental justice, disability rights and human dignity.

“Over the decades, the Supreme Court of India has interpreted constitutional provisions to confront structural inequalities, striving to ensure substantive equality rather than limiting itself to mere formal or procedural equality,” Justice Gavai said.

“The Supreme Court has also modelled itself as an environmentally conscious institution, which has led to significant evolution of environmental jurisprudence in the 21st century,” he added.

“Through the judgments on various themes, the Supreme Court of India has advanced the doctrinal evolution of rights across multiple dimensions, drawing deeply from the text, spirit, and purpose of the Constitution…By adopting a broad, purposive, and context-sensitive interpretation, the Court has not only safeguarded fundamental principles but also proactively responded to the complex and emerging challenges of the 21st century,” he said.

The CJI also highlighted efforts on the administrative and institutional fronts, including innovations in court management, case-flow procedures, digital infrastructure, and access-to-justice initiatives reflect a comprehensive vision of a judiciary that is responsive, efficient, and inclusive. He also talked about how Indian courts functioned digitally during the COVID-19 pandemic.

He mentioned the Virtual Justice Clock which offered a “transparent overview of case institution, disposal, and pendency across District Courts, High Courts, and the Supreme Court.”