LawChakra

JUSTICE BR GAVAI

JUSTICE BR GAVAI : SUPREME COURT

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JUSTICE BR GAVAI

Date of Birth : 24-11-1960

Assumed Office : 24-05-2019

Retires on : 23-11-2025

No. of Judgements authored : 147

JUDGEMENTS:

Validity of Unstamped Arbitration Agreement

Challenge to the Abrogation of Article 370

Validity of Circumstantial Evidence in Bribery Cases

Summoning New Accused After the Judgment is Delivered

Challenge to Union’s 2016 Demonetisation Scheme

Tamil Nadu’s Vanniyar Reservation

Challenge to Tenure Extension of CBI and ED Directors

Contempt Petition Against Prashant Bhushan

Constitutionality of the Electoral Bond Scheme 

Validity of Sub-Classification Within Reserved Categories

Constitutionality of Criminal Contempt

Justice Bhushan Ramakrishna Gavai began his legal career as an Advocate in 1985, primarily practicing at the Nagpur Bench of the Bombay High Court. He served the Maharashtra Government as both a Government Pleader and later as a Government Prosecutor.

Justice Gavai was appointed as a Judge of the Bombay High Court on November 14, 2003, where he served for 16 years. He was elevated to the Supreme Court on May 24, 2019.In recommending Justice Gavai’s elevation, the Collegium emphasized his seniority, integrity, merit, and the importance of “due representation” in the Supreme Court.

Justice Gavai is the first Scheduled Caste judge appointed to the Supreme Court in nine years, following the retirement of Justice KG Balakrishnan in 2010. Based on seniority, Justice Gavai is expected to serve as Chief Justice of India from May 14 to November 24, 2025. President Droupadi Murmu has recently appointed Supreme Court Justice Bhushan Ramkrishna Gavai as the new Executive Chairman of the National Legal Services Authority (NALSA).

Vivek Narayan Sharma v. Union of India (2023)
Justice Gavai
authored the majority opinion upholding the Union’s 2016 Demonetisation Scheme. He noted that the Union Government had consulted with the Reserve Bank of India (RBI) prior to implementing the scheme. Justice Gavai affirmed the Union’s authority to declare all series of any denomination as invalid legal tender and concluded that the Demonetisation Scheme met the ‘test of proportionality.’

Sudru v. The State of Chhattisgarh
In this case, the Court considered whether the Appellant could be convicted solely on circumstantial evidence, especially when key witnesses had turned hostile. Writing on behalf of himself and Justice Deepak Gupta, Justice Gavai stated that “while a lack of explanation or false explanation cannot by itself complete the chain of circumstances needed to establish guilt, a false explanation can strengthen the finding of guilt already supported by other evidence”.

Union of India (UOI) and Ors. v. Unicorn Industries
Justice Gavai, writing on behalf of himself, Justices Arun Mishra, and M.R. Shah, addressed whether the Union of India could be prevented from withdrawing an excise duty exemption on certain products if such withdrawal was in the public interest.

Relying on scientific evidence and studies on the effects of tobacco products and pan masala, Justice Gavai observed that these products contain carcinogenic and hazardous properties and concluded that an exemption on such items was unwarranted.

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