CJI Gavai Reaffirms Supreme Court Restraint on Economic Policy at Commercial Courts Forum

Overview

• The Chief Justice said the Court does not step into policy choices with economic considerations unless fundamental rights or other constitutional provisions face violation.
• He reiterated that readings of commercial statutes must follow legislative intent while protecting fairness and public interest.
• He noted vigilance in corporate matters to uphold transparency and integrity, rejecting misuse of legal or corporate structures for fraudulent gain.
• He emphasized a balance between economic freedom, regulatory discipline, and fairness, with taxation and regulation grounded in clear statutory authority within constitutional limits.
• He stressed proportionate action by regulators to preserve financial stability and public confidence, timely resolution and accountability in markets, and ESG norms rooted in Article 48A and the trusteeship concept.