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Justice Bhushan Ramkrishna Gavai: 52nd Chief Justice of India
«15-May-2025
Source: Indian Express
Introduction
Justice Bhushan Ramkrishna Gavai took oath as the 52nd Chief Justice of India on 14th May, 2025, succeeding Justice Sanjiv Khanna. He has become the second Chief Justice belonging to the Scheduled Caste community after Justice KG Balakrishnan, and the first Buddhist judge to reach the highest judicial office of India. His six-month tenure will end on 23rd November, 2025.
Who is Justice B.R. Gavai ?
- Born on 24th November, 1960, in Amravati, Maharashtra, Justice Gavai rose from humble beginnings to the highest judicial position in India.
- Son of Ramkrishna Suryabhan Gavai (1929-2015), who was a close associate of Babasaheb Ambedkar and founder of the Republican Party of India (Gavai).
- Completed his B.A.LL.B. from Nagpur University.
- Joined the bar on 16th March, 1985, and practiced independently at the Bombay High Court.
- Worked as an assistant government pleader and additional public prosecutor in the Bombay High Court's Nagpur bench from August 1992 to July 1993.
- Appointed as Government Pleader and Public Prosecutor for Nagpur Bench on 17th January, 2000.
- Elevated as an Additional Judge of the Bombay High Court on 14th November, 2003, and became a Permanent Judge on 12th November, 2005.
- Elevated to the Supreme Court on 24th May, 2019.
- Has been part of approximately 700 benches during his tenure as a Supreme Court judge and authored about 300 judgments.
- Has openly acknowledged his family's association with the Congress party and once offered to recuse himself from a case involving Rahul Gandhi due to this connection.
- Has delivered lectures on constitutional and environmental issues at various universities, including Columbia University and Harvard University.
- Has stated he will not take any post-retirement assignments.
What are the Important Judgments Passed by Justice B.R. Gavai ?
Constitutional Matters
- In Re Article 370 of the Constitution (11 December 2023): Part of the five-judge constitution bench that unanimously upheld the Centre's decision to abrogate provisions of Article 370 that granted special status to Jammu and Kashmir.
- Association For Democratic Reforms v. Union of India (15 February 2024): Member of the constitution bench that struck down the electoral bonds scheme, upholding the voter's Right to Information about funding to political parties as essential for freedom to vote effectively.
- Vivek Narayan Sharma v. Union Of India (3 January 2023): Authored the majority judgment (4:1) upholding the validity of the 2016 demonetization of ₹500 and ₹1000 currency notes, noting that it "cannot be held invalid merely because some citizens have suffered through hardships."
- State Of Punjab and Ors. V. Davinder Singh And Ors (1 August 2024): Part of the seven-judge bench that held (6:1) that states are constitutionally empowered to make sub-classifications within Scheduled Castes for granting reservation. In his concurring opinion, he advocated for applying the "creamy layer" principle to Scheduled Castes.
Personal Liberty and Criminal Justice
- In Re: Directions in the matter of Demolition of Structures v. and Ors. (13 November 2024): Authored landmark guidelines against "bulldozer justice," holding that the executive cannot demolish properties of persons accused of crimes without due process. The judgment mandated prior show cause notice, personal hearing, and judicial scrutiny before demolition.
- Manish Sisodia v. Directorate Of Enforcement (9 August 2024): Granted bail to former Delhi Deputy Chief Minister Manish Sisodia, citing undue delay in trial as a violation of the fundamental right to personal liberty under Article 21. This precedent was later applied in granting bail to K. Kavitha in a similar case.
- Prabir Purkayastha v. State (NCT Of Delhi) (15 May 2024): Part of the bench that declared illegal the arrest of NewsClick founder and Editor-in-Chief Prabir Purkayastha, as grounds of arrest were not supplied to him as mandated by law.
- In Re Prashant Bhushan v. Court (14 August 2020): Part of the bench that held Advocate Prashant Bhushan guilty of contempt of court over two tweets about the Chief Justice of India and the Supreme Court, imposing a fine of Re. 1.
Rights of Marginalized Communities
- Anmol v. Union Of India (21 February 2025): Ruled that the National Medical Commission's guideline requiring candidates with disabilities to have "both hands intact" for MBBS admission was arbitrary and antithetical to the Constitution, noting that a "one size fits all" approach cannot work for reasonable accommodation.
- Union Of India v. The State Of Maharashtra (1 October 2019): Part of the bench that reviewed and restored the provisions of the SC/ST Act that had been diluted by a previous judgment, noting that powers under Article 142 could not have been exercised to pass directions against the statute.
- X v. Registrar General (10 February 2022): Authored the judgment directing the Madhya Pradesh High Court to reinstate a resigned woman Additional District Judge who had raised sexual harassment allegations against a then-sitting judge, holding that her resignation under coercion "cannot be construed as voluntary."
What Challenges and Responsibilities Does He Face as The New Chief Justice of India?
- Justice Gavai has emphasized the value of continuous learning in the legal profession, stating: "The practice of law is an eternal process of learning and one must continue to learn until the end of one's career. The day one decides to stop learning, it will be the last day."
- He has been a strong advocate for constitutional values and has often credited Dr. B.R. Ambedkar for the opportunities afforded to him, once stating: "It is solely due to Dr. B.R. Ambedkar's efforts that someone like me, who studied in a semi-slum area at a municipal school, could attain this position."
- Upon taking oath as Chief Justice, Justice Gavai touched his mother's feet, reflecting his respect for his humble beginnings.
- As Chief Justice, he faces significant challenges including addressing the huge pendency of cases (over 81,000 in the Supreme Court alone) and judicial vacancies.
- One of his first major responsibilities as CJI will be heading a bench deciding the constitutional validity of the Waqf (Amendment) Act, 2025, scheduled to be heard on 15th May, 2025.
- Justice Gavai has also dealt extensively with matters related to forests, wildlife, and protection of trees, passing several orders to protect the environment.
Conclusion
Justice B.R. Gavai's elevation as the 52nd Chief Justice of India represents both personal achievement and symbolic progress in Indian judiciary's inclusivity. His jurisprudence reflects a strong commitment to constitutional values, personal liberty, and environmental protection. Though his tenure is relatively short at six months, his landmark judgments have already left an indelible mark on India's legal landscape.