Judiciary Can't Be An Eternal Critic Or A Cheerleader : Justice Ujjal Bhuyan

Justice Ujjal Bhuyan of the Supreme Court observed that the judiciary must maintain institutional balance and cannot assume the role of either a perpetual critic or a supporter of the government, emphasising that its constitutional duty is to act as a vigilant sentinel safeguarding foundational principles.

"Judiciary must remain judiciary. Judiciary can neither be an eternal critic, nor a cheerleader. It is the sentinel on the qui vive. That is the role assigned to the judiciary by the Constitution," Justice Bhuyan said.

He was speaking at the 1st Supreme Court Bar Association National Conference' 2026 on the topic "The Role of Judiciary in Viksit Bharat".

The judge expressed reservations about the judiciary aligning itself with political slogans or executive-led developmental narratives, including the vision of a "Viksit Bharat." He noted that while the political executive is fully entitled to set national development goals, such aspirations remain within the realm of political policy.

"I have doubts whether the judiciary, though an organ of the State but distinct from the political executive, should join the bandwagon of 'Viksit Bharat'. The political executive has every right to fix a goal of a developed India by 2047. But after all, at the end of the day, it is a political slogan," he remarked.

Justice Bhuyan suggested that a more meaningful institutional milestone for the judiciary would be the year 2050, when both the Constitution of India and the Supreme Court would complete a century. He described this as a significant moment for reflection on the judiciary's journey and its adherence to constitutional values.

"Whether a developing India or a developed India, the judiciary is here to stay, and the path traversed by the judiciary is clearly marked out by the Constitution. Judiciary will have to discharge its responsibilities keeping in mind the foundational principles in the Constitution," he said.

Highlighting the moral dimension of judicial authority, Justice Bhuyan underscored that the Supreme Court must function not merely as a legal adjudicatory body but as the nation's constitutional conscience keeper.

"The Supreme Court is to act more than a legal body, it is to act as the moral compass and the constitutional conscience keeper of the nation," he said.

"Judicial power does not rest only on laws, but on public trust and accountability. Judiciary has neither the purse nor the sword. The only asset it has is the goodwill of the people. That is the core of the judiciary's strength," he added.

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