Looking back at 2025: SC attempts to reset judicial compass, tilts towards judicial restraint

In an apparent course correction, the Supreme Court attempted to reset the judicial compass in 2025 as it tilted from judicial activism and overreach to judicial restraint. Be it the landmark verdict on powers of governors and the President on grant of assent to bills passed by state assemblies or upholding the Waqf (Amendment) Act, 2025, the top court clearly circumspect and restrained in its approach.

In a unanimous verdict, a five-judge Constitution Bench led by the then Chief Justice of India BR Gavai on November 20 ruled that no timelines can be fixed for grant of assent to Bills by the Governor and the President under Article 200 and Article 201, respectively, and the Governor’s actions in granting, withholding, or reserving assent to bills were beyond judicial review.

While answering a Presidential Reference on the issue, it said that in such cases the Governor was not bound by the aid and advice of the Council of Ministers. “The imposition of timelines would be strictly contrary to this elasticity that the Constitution so carefully preserved,” it added.

It disapproved of the concept of 'deemed' assent of the Governor or the President on bills at the expiry of a judicially set timeline by a two-judge Bench, saying it amounted to a "takeover and substitution" of the Executive functions by the Judiciary, which was impermissible.

In its September 15 verdict, it refused to stay the Waqf (Amendment) Act-2025 that did away with the concept of ‘Waqf by user’ even as it stalled implementation of certain provisions, including the requirement of being a practising Muslim for five years to dedicate any property for Waqf.

The top court also refused to stay the Election Commission’s Special intensive Revision (SIR) of electoral rolls in Bihar and 12 other states and union territories.

Following indictment of Justice Yashwant Varma (then a judge of the Delhi High Court) for recovery of half burnt wads of huge currency notes from his official residence here during a fire incident on March 14, the then CJI Sanjiv Khanna wrote to President Droupadi Murmu and Prime Minister Narendra Modi for his removal. Now, a parliamentary panel is conducting an inquiry against Justice Varma.

In a step towards institutional transparency, the court started putting asset statements of its judges in the public domain.

On October 6, advocate Rakesh Kishore attempted to hurl a shoe at then CJI Gavai during proceedings, miffed over Justice Gavai's alleged remarks on Hindu gods in an earlier proceeding.

The top court also issued several directions, including permanent relocation of stray dogs from streets to shelters, creating an uproar with several dog lovers and animal rights organisations coming out in protest.  On August 22, a larger Bench modified the order that prohibited the release of vaccinated stray dogs from pounds in Delhi-NCR calling it "too harsh". It ordered the canines to be released post sterilisation and de-worming.

The rise of cyber-crime cases also came under scrutiny of the top court which took cognisance of the matter on December 1 asked the CBI to carry out a pan-India probe into digital arrest scam cases.

The issue relating to the Air India Dreamliner crash in Ahmedabad that claimed 260 lives also reached the top court which said no one blamed the chief pilot of the flight for the incident.

Amid growing debate over reversal off its verdicts post retirement of the author judges, it set aside its own judgement on November 18 and paved the way for retrospective environmental clearance by the Centre and other authorities to projects found violating environmental norms on payment of heavy penalties.

Noting that certain clarifications were needed regarding the definitions of Aravalli Hills it recently approved, the Supreme Court on December 29 ordered to keep in abeyance its November 20 order that was based on a committee’s recommendations and set up a new high-powered committee of domain experts to examine the environmental impact of the recommendations made by an earlier committee.

Amid growing criticism of the Delhi High Court’s order for suspension of sentence and grant of bail to expelled BJP leader Kuldeep Singh Sengar in the 2017 Unnao rape case during the pendency of his appeal against conviction, the top court on the Supreme Court on December 29 stayed it.