Delivering the 11th Justice VR Krishna Iyer Memorial Law Lecture in Kochi on Sunday, 6 July, CJI Gavai, while reflecting on the legacy of the former Supreme Court judge, highlighted how the fundamental rights of undertrials have been overlooked in recent practice.
Published Jul 07, 2025 | 7:21 PM ⚊ Updated Jul 07, 2025 | 7:49 PM
Chief Justice of India BR Gavai
Synopsis: CJI BR Gavai on Sunday said that the principle “bail is the rule, jail is the exception” has not been followed by courts in recent years, thereby overlooking the fundamental rights of undertrials. He further highlighted his role in recent high-profile cases where the principle was applied.
Chief Justice of India (CJI) BR Gavai has expressed concern that the legal principle of “bail is the rule, jail is the exception” has not been followed by the judiciary in recent years, Bar and Bench reported.
Delivering the 11th Justice VR Krishna Iyer Memorial Law Lecture in Kochi on Sunday, 6 July, CJI Gavai, while reflecting on the legacy of the former Supreme Court judge, highlighted how the fundamental rights of undertrials have been overlooked in recent practice.
“Justice Krishna Iyer also strongly believed that undertrials should not be kept in jail for long periods without trial. He is well known for breaking new ground in the Indian judiciary by asserting what was once considered a taboo – ‘Bail is the rule, and jail is the exception,'” the CJI said.
“In the recent past, this principle was somewhat forgotten. I am happy to state that I had the opportunity in the last year.”
CJI Gavai cited his role in the Supreme Court benches that heard bail petitions and petitions challenging arrests in three high-profile cases in 2024: the arrest of journalist Prabir Purkayastha by the Delhi Police under the draconian Unlawful Activities (Prevention) Act (UAPA); former Delhi minister and Aam Aadmi Party leader Manish Sisodia; and Bharat Rashtra Samithi (BRS) leader K Kavitha – both in the alleged Delhi excise policy case.
CJI Gavai credited Justice Krishna Iyer with revolutionising bail jurisprudence through landmark rulings.
Citing the famous Gudikanti Narasimhulu v. High Court of Andhra Pradesh (1978) verdict, he recalled how Justice Iyer posed the critical question: “Bail or Jail?”
“He was definitely against imposing onerous conditions relating to security and sureties. As he ruled, and I quote: ‘Heavy bail from poor man is obviously wrong. Poverty is society’s malady and sympathy, not sternness, is the judicial response,’” Justice Gavai noted.
The CJI further highlighted Justice Iyer’s influential views in the landmark Maneka Gandhi case, where the latter had observed that personal liberty lies at the heart of human dignity and that Article 21 must be expansively interpreted to encompass not just life, but a life with dignity, freedom, and opportunity for full development.
This interpretation, CJI Gavai noted, laid the foundation for the Supreme Court to later include rights to clean water, adequate food, shelter, a pollution-free environment, and medical care within the ambit of Article 21.
“Justice Iyer saw the Constitution not as a legal document but as a dynamic instrument of social transformation. In doing so, he brought a unique blend of legal expertise, social awareness and moral commitment to his rulings,” Justice Gavai added.
The event, organised by the Sarada Krishna Sadgamaya Foundation for Law and Justice, was presided over by Kerala Chief Justice Nitin Madhukar Jamdar.
