Justice Gavai declares that reservation cannot be applied to constitutional posts, reigniting the merit vs. representation debate. His bold stance calls for transparency and reform at the highest levels of governance.
New Delhi: The Supreme Court recently made an important observation during a hearing about how appointments are made by the Central and State Governments.
A bench led by Justice B.R. Gavai said clearly that reservation policies cannot be applied to constitutional posts.
These posts, like the President, Vice President, Governor, or Chief Justice, require appointments based strictly on merit and capability.
However, Justice Gavai also made it very clear that this should not be misunderstood.
He stated,
“This comment should not be misinterpreted as a stand against reservation in general.”
He further said that reservation is very important for the progress of backward and underprivileged communities.
He clearly stated that,
“However, no representation of SC/ST and Backward Classes in the judiciary, there cannot be reservation in appointments to constitutional posts.”
He further stated,
“Reservation is necessary for underprivileged and backward sections and should continue.”
The Supreme Court highlighted a concern regarding the practice of appointing underqualified persons to such top posts repeatedly.
This, according to the court, raises questions about the transparency and fairness of the process.
Justice Gavai also referred to the Justice Verma Committee’s recommendations, which were made after the 2012 Delhi gangrape case.
He said that appointments to crucial posts in the judiciary or other constitutional positions should be based purely on merit and transparency.
“Following the Justice Verma Committee’s report, appointments to important posts must be based on merit and transparency.”
He emphasized that such posts must not become a way to reward people after their retirement.
He expressed strong views about the appointment of retired judges and officers to high-ranking positions.
He warned that the judiciary should not be used as a rehabilitation centre for those who have completed their service.
“The judiciary must not become a rehabilitation center for retired judges and officials.”
In a major call for openness, he said that retired judges must also make their assets public.
“Retired judges should also make their assets public, as transparency should be maintained in judicial appointments too.”
Speaking at an event organized by the Supreme Court Bar Association, Justice Gavai also commented on the Indian Army’s Operation Sindoor, which was launched after a terror attack in Pahalgam.
Sharing his thoughts on the idea of war, he said,
“Nothing fruitful comes out of war.”
He added that India always stands for peace but will not hesitate to defend itself if needed.
“India never initiates war but is always ready to defend itself.”
He encouraged all sides to prefer peaceful dialogue and efforts over violent conflict.
“Dialogue and peace efforts should always be preferred over conflict.”
Justice Gavai also made a very bold personal announcement. He declared that after he retires, he will not take up any government or official post.
He is expected to become the 52nd Chief Justice of India and the first from the Dalit community.
He said,
“I will not accept any post after retirement.”
He has even written to the Supreme Court Registry about this decision.
“I have informed the Supreme Court Registry in writing about my decision.”
He strongly believes that judges should remain independent and should not look forward to any rewards or positions after their retirement.
“The practice of giving post-retirement appointments to judges should stop, as it compromises judicial independence.”
He added,
“A judge should not seek favor or future positions while still holding office.”
Finally, to show his own commitment to openness and honesty in the judiciary, Justice Gavai shared that he has made all his personal assets public.
“Transparency must be maintained in judicial appointments, and as part of this commitment, I have disclosed my own assets.”
This important statement from Justice Gavai has opened a new discussion about how India appoints people to its top constitutional positions, how important transparency is in the judiciary, and how to preserve its independence in the true sense.
The Gavai Doctrine: Drawing the Line Between Representation and Constitutional Purity
Justice Gavai’s remarks aren’t just a one-time comment. They reflect a larger vision that could evolve into what legal thinkers may soon call “The Gavai Doctrine.” This thought framework preserves the spirit of reservation for social justice but argues for a constitutional boundary where merit must take over completely.
His doctrine reimagines India’s reservation system not as a one-size-fits-all model but as a context-sensitive policy. By clearly stating that reservation should not influence constitutional appointments, he introduces a refined balance between representation and institutional excellence.
Rather than dismantling affirmative action, Justice Gavai proposes a merit-first approach at the highest levels of power — especially for roles meant to be above politics and social divisions. In essence, this doctrine upholds:
- Empowerment through reservation for access and opportunity.
- Integrity and neutrality for top constitutional roles through transparency and merit.
This philosophy also takes a bold stand against post-retirement favors, viewing them as a threat to judicial independence. The voluntary disclosure of his assets, refusal to accept future posts, and his call for reform mirror a belief system that aims to make the judiciary less hierarchical, more transparent, and truly accountable.
Also Read: Supreme Court Feels Like the Most ‘Undisciplined’ Court: SC Justice B.R. Gavai
Unlike populist narratives, “The Gavai Doctrine” does not demand the removal of reservation. Instead, it asks India to re-evaluate where and how it applies, without compromising the Constitutional values of equality, justice, and competence.
Justice Gavai’s statements have ignited a new debate—one not just about reservation or merit, but about India’s evolving Constitutional morality.
His views invite us to re-examine how public trust in our institutions must be preserved—not only through inclusion but also through unquestionable standards of competence and fairness.
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