New Delhi: The judiciary has remained a steadfast guardian of the rule of law, Chief Justice of India B. R. Gavai said on Saturday, stressing that the Supreme Court has consistently refrained from interfering in policy decisions driven by economic considerations—unless such policies violate fundamental rights or other provisions of the Constitution.
Speaking at the Sixth Full Meeting of the Standing International Forum of Commercial Courts, the CJI said the apex court has maintained vigilance in ensuring transparency and integrity in commercial and corporate matters, rejecting any misuse of legal or corporate frameworks for fraudulent purposes.
“The Supreme Court has ensured that it does not interfere in policy matters involving economic considerations, except where fundamental rights or constitutional provisions are infringed,” Justice Gavai said. “Likewise, the Court has reaffirmed that interpretations of commercial statutes must reflect legislative intent while upholding fairness and public interest.”
He noted that the Supreme Court has consistently sought to preserve a delicate balance between economic freedom, regulatory control, and fairness.
“It has reinforced that the State’s powers—especially in taxation and regulation—must have a clear statutory basis and operate within constitutional limits,” he added.
The CJI underlined that while regulatory bodies are tasked with maintaining financial stability and public confidence, their actions must remain proportionate and reasonable.
“In commercial and corporate domains, the Court has been vigilant in safeguarding transparency and integrity, while also emphasizing that timely resolution and accountability are essential for the health of the financial system,” he said. “Commerce must ultimately serve human welfare and social justice.”
Justice Gavai highlighted that the Court’s approach across areas such as corporate governance, insolvency, arbitration, and environmental accountability has been principled rather than interventionist.
As India moves toward a digital and green economy, the CJI said, commercial law must advance sustainability and ethical enterprise.
“Environmental, Social, and Governance (ESG) norms are not foreign concepts—they align with Article 48A and the spirit of trusteeship embedded in our constitutional philosophy,” he said. “More Indian companies are now integrating ESG principles into corporate reporting, which is a welcome trend. Markets thrive best when anchored in responsibility—profit must align with purpose.”
