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Supreme Court doesn’t interfere with policy matters, says CJI Gavai

Says the judiciary has been a steady guardian of rule of law, has ensured predictability and certainty, 'which are core elements of the rule of law”

Mumbai: Chief Justice of India BR Gavai addresses a gathering during the project initiation function of the Maharashtra National Law University's (MNLU) campus, in Mumbai, Wednesday, Nov. 5, 2025. (PTI Photo) (PTI11_05_2025_000447B)

CJI BR Gavai said that “throughout this transformation, the judiciary has been a steady guardian of the rule of law. The Court has ensured predictability and certainty, which are core elements of the rule of law.” (PTI Photo)

Outlining the role played by the judiciary in India’s economic journey, Chief Justice of India B R Gavai Saturday said that “the Supreme Court has ensured that it does not interfere in the policy matters which have economic considerations involved unless there is a violation of fundamental rights or other provisions of the Constitution.”

Speaking at the ‘6th Full Meeting of the Standing International Forum of Commercial Courts’ on the topic ‘Commercial Law and the 75th Anniversary of the India’s Constitution’, the CJI said that “each decade since 1991” when the country’s economy was liberalised “has deepened the partnership between law, economy, and justice, ensuring that India’s growth story remains not only commercially robust but constitutionally grounded.”

He said that “throughout this transformation, the judiciary has been a steady guardian of the rule of law. The Court has ensured predictability and certainty, which are core elements of the rule of law.”

It also “reaffirmed that any interpretation of a commercial statute must be in consonance with the legislative intent while maintaining fairness and public interest,” he said.

CJI Gavai underlined that “the Supreme Court has consistently upheld the delicate balance between economic freedom, regulatory discipline, and fairness. It has reinforced that the power of the State, particularly in matters of taxation and regulation, must rest on a clear statutory foundation and operate within the limits of the Constitution. The Court has emphasised that while regulatory bodies must preserve financial stability and public confidence, their measures must always be proportionate and reasonable.”

“In commercial and corporate matters, the Court has been vigilant in ensuring transparency and integrity, rejecting attempts to misuse legal or corporate structures for fraudulent gain. It has underscored that the discipline of timely resolution and accountability is vital for the health of the financial system, while also recognising that commerce must ultimately serve human welfare and social justice,” he said.

The CJI added that “across diverse areas, such as corporate governance, insolvency, arbitration, and environmental accountability, the Court’s approach has been principled rather than interventionist.”