National

The Citizens바카라™ Judge: Justice BR Gavai Takes Over As CJI On May 14

Set to be India바카라™s second Dalit Chief Justice, Bhushan Ramakrishna Gavai바카라™s elevation to the post comes with high hopes

Bhushan Ramakrishna Gavai
Illustration by Saahil Photo: X
info_icon

On July 1, 2023, a Saturday night which generally considered a sacrosanct holiday for the bench and bar, Justice Gavai could have been found in the Supreme Court premises reading a High Court order for the arrest of civil rights activist Teesta Setalvad. He would on July 3 author the judgement that granted Setalvad protection from arrest. His subtle but firm manner was on display when he questioned the Union government바카라™s argument that Setalvad needed to be in custody for further investigations. 바카라œBut, you have not even interrogated Setalvad for a single occasion since the lower court had given its interim order,바카라 he pointed out gently.

Most people from the bar and the bench have enthusiastically endorsed Justice Gavai바카라™s new role as Chief Justice of India (CJI). 바카라œAfter six chief justices who miserably failed; we saw Justice [Sanjiv] Khanna was a great revelation, and I would say that Justice Gavai will be the ultimate protector of citizens,바카라 says senior advocate Dushyant Dave.

Humble, yet Historical, Beginnings

Son of former parliamentarian Ramkrishna Suryabhan 바카라˜Dadasaheb바카라™ Gavai, Justice B.R. Gavai is set to be sworn in as CJI on May 14, 2025. He will be India바카라™s first Buddhist Chief Justice. Hailing from humble beginning, Justice Gavai was born in Daryapur, Amravati. At a recent gathering with the media on May 10, he said he still visits his home village on his father바카라™s birth and death anniversary. 

Those who know him say the fact that he will be India바카라™s second Dalit Chief Justice, after Justice KG Balakrishnan, is the least important thing about this moment. 바카라œHe's a judge who respects the constitutional rights of citizens and that's most important in today's environment where judges are very afraid of protecting the constitutional rights of citizens,바카라 says Dave.

Justice Gavai has not only carried on his family바카라™s reputation for social activism, but has also modelled it over the years during his tenure in the Bombay High Court and the Supreme Court. He바카라™s remembered by old and current colleagues and lawyers as someone with a soft manner and an iron grip on the law.

Speaking about Gavai from his experience working with him as a judge in the Bombay High Court, Justice Gautam Patel says that he noticed that the senior judge was well-read and understood even those complicated areas of the law that were not part of his practice when he was a lawyer. Even then 바카라œhe would give very insightful judgments demonstrating understanding, insight, mastery, ability to read a statute and appreciate the law바카라”very uncommon,바카라 says Justice Patel.

Others in the Bombay High Court also echo Justice Patel바카라™s sentiment.

바카라œJudging requires patience, the ability to sift chaff from grain, identifying where the justice of the case lies, and delivering a well-considered judgement,바카라 says Senior Advocate Janak Dwarkadas. He adds, 바카라œThe judgement must be well reasoned, and it must tell the losing party why it lost, rather than reciting the facts and setting out the conclusion. A well-reasoned judgement also helps as a precedent for the point of law it decides. Having appeared in many matters before Justice Gavai, when he was a judge in the Bombay High Court, I witnessed all these fine qualities in him, which is what set him apart.바카라

Since May 2019, when Justice Gavai was elevated to the apex court, he has been part of some of the most watched and important judgements of our times. He was on the bench that upheld the abrogation of Article 370, rapped the States over 바카라˜bulldozer justice바카라™, dismissed the contempt case against advocate Prashant Bhushan, and heard the case for sub-classification within Scheduled Castes and Scheduled Tribes. While agreeing that the States had the right to sub-classify Scheduled Castes and Schedules Tribes, Justice Gavai said it was time to decide whether to exempt the creamy layer of SC/STs from reservation.

In the sub-classification case, Justice Gavai surprised many by agreeing to examine the government바카라™s 바카라˜creamy layer바카라™ argument, negating any stray thoughts that he considered any other factors apart from the law while deciding on cases. 바카라œThe State must evolve a policy for identifying the creamy layer even from the Scheduled Castes and Scheduled Tribes so as to exclude them from the benefit of affirmative action,바카라 he said.

The fact that he admires Dr. B.R Ambedkar is well-known, and he regularly quotes from the Constituent Assembly debates to underscore his point in judgements. 바카라œI look forward to the Assembly debates he quotes becoming part of jurisprudence in Constitutional matters,바카라 says Shobha Gupta, an Executive Member of the Supreme Court Bar Association.

Justice Gavai바카라™s tenure as CJI comes at a difficult time for the judiciary, which is at the receiving end of accusations of overreach in cases such as its ordering the President to follow a timeline to clear the bills in question in the Tamil Nadu Governor case.

At present, public faith in the courts appears to be at its lowest, with high pendency and the allegations of corruption against a senior judge in the Allahabad High Court. The apex court was also blamed for a lack of accountability when no First Information Report (FIR) was registered against the judge and for a lack of transparency given that the judge in question was still elevated to the bench. A court-appointed inquiry team submitted its investigation report on May 5, 2025, which mean that all eyes will be on Justice Gavai for his handling of the case henceforth.

On a Personal Basis

Judges working under Justice Gavai remember him as a 바카라œpersonable man바카라 who would go 바카라œabove and beyond바카라 to help his colleagues and their families. Justice Patel recalls a time when he 바카라œmoved heaven and earth to bring back a young child of a colleague from abroad during the COVID-19 pandemic.바카라

Others who have worked with him in Supreme Court committees, such as Gupta, say, 바카라œHe is mild-mannered바카라”never raises his voice but always gets his point across.바카라

Justice Gavai바카라™s Important Judgements

Since his elevation to the top court, Justice Gavai has been part of the bench deciding on matters that have changed the face of India including the judgement for the abrogation of Article 370 of the Constitution and the one against the electoral bonds scheme.

He has demonstrated a sense of calm and constitutional morality in his work. When he rapped the States for their 바카라˜bulldozer culture바카라™, he compared the 바카라˜chilling sight of a bulldozer demolishing a building바카라™ to 바카라˜lawless바카라™ ways of 바카라˜might was right바카라™.

In April, Justice Gavai바카라™s name was on the lips of every student activist in Hyderabad University because he ordered a stay on the Telangana government바카라™s infrastructure project that would have seen the Kancha Gachibowli forest razed. 바카라œHigh-rises are not good company for wild deer,바카라 the judge noted.

During his tenure as CJI as well, Justice Gavai will be heading the bench that will decide  the Speaker바카라™s powers and also whether legislators can be disqualified from service for defecting.

Though he is 바카라˜adroit바카라™ at constitutional law, perhaps Justice Gavai바카라™s appeal at present lies in his simplicity: 바카라œThe law in his judgements is bang-on, accurate, without any literary flourishes, without any attempt to make it sound greater than it is. There is a clarity and simplicity in that writing which I appreciate. It's total mastery,바카라 says Justice Patel.

Elevation to CJI and Future Plans

On May 10, Justice Gavai held a meeting with journalists, during which he made it clear that he would not be taking any post-retirement assignments. 바카라œ바카라œI do not have any political ambition바카라ŠI will not take any post-retirement assignments,바카라 he said.

In the weeks before his elevation to the CJI post, Justice Gavai could be found heading court number 2 in the Supreme Court. 바카라œI hardly get time to talk because advocates-on-record come prepared with such thorough arguments,바카라 said Justice B.R. Gavai to a lawyer in his court. Seeing an opportunity to get into the designated Chief Justice바카라™s good books, the advocate-on-record replied, 바카라œYour Lordship will have all the time after November 2025.바카라 

Not missing a beat, Justice Gavai replied, 바카라œNo, that바카라™s the prerogative of others.바카라

×