Former CJI Gavai said while responding to Justice Nagarathna’s objection, If the dissent had any merit, four other judges would have agreed, He emphasised that such disagreements are not new and the Collegium still upheld Justice Pancholi’s elevation.
As Justice BR Gavai concluded his term as the 52nd Chief Justice of India on Sunday, Justice BR Gavai aimed to challenge the perception that judges are only deemed independent if they rule against the Government.
He emphasized that he never encountered any pressure from the Executive, stating,
“For a judge, you do not decide based on whether it’s the Government or private individuals. You decide as per the papers (case file) before you. But in some quarters, there is a notion that unless you decide everything against the Government, you are not an independent judge. It is not the correct approach.”
During an interaction with Supreme Court Correspondents at his official residence on his final day, CJI Gavai expressed concern that contemporary jurisprudence often labels a judge as ‘independent’ solely based on decisions against the Government.
Adding that he will not take any official roles after retirement, Justice Gavai noted,
“I am leaving the institution with a full sense of satisfaction and contentment,”
He remarked,
“I made it clear when I took office that I am not going to accept any post-retirement official assignment. For the next 9-10 days, it’s a cooling-off period. After that, a new innings,”
Justice Gavai, who will be succeeded by Justice Surya Kant, shared his intention to focus on the welfare of tribal communities in his home district of Amravati, Maharashtra. He also supported the need for legislation addressing the increase in hate speech incidents but remarked that it is up to the Government to make that decision.
Defending the Presidential Reference verdict, which opposed establishing timelines for governors and the President to grant assent to state Assembly bills, he explained that the Constitution does not define any such timelines.
Emphasizing that governors should not indefinitely delay bills, he clarified,
“We cannot read something that is not there in the Constitution. We have allowed limited judicial review,”
Outgoing Chief Justice of India BR Gavai on Sunday explained that the Supreme Court’s decision on the issue of timelines for Governors and the President was balanced.
Also Read: CJI BR Gavai: “Judges Should Remain Free from External Influence”
He said the Constitution does not allow the Court to prescribe strict timelines, but at the same time, the judgment made it clear that Governors cannot delay action on bills endlessly.
As he put it,
“The apex court gave a balanced verdict by doing away with the timelines for governors and the President on bills, as the Constitution does not permit it, and at the same time holding that governors cannot sit over the bills indefinitely.”
The outgoing CJI said,
“We have not only relaxed the timeline, but we also balanced it by saying that the governor cannot sit over the bill for an endless time,”
Justice Gavai also stood by the Collegium system for judicial appointments, asserting it preserves institutional autonomy while taking input from the Intelligence Bureau and the Union Ministry of Law and Justice.
He dismissed claims of nepotism within the judiciary, asserting,
“The perception is wrong… Not more than 10 or 20 per cent (judges) are appointed as such. But if they are meritorious, should we discard them?… If they are related to someone in the profession, we apply a little higher standard to them.”
Regarding Justice BV Nagarathna’s dissent within the Collegium on the elevation of Justice Vipul Pancholi to the Supreme Court, Justice Gavai indicated that it did not gain acceptance from the other Collegium members.
He stated,
“It’s not happening for the first time … If the dissent had any merit, four other judges would have agreed on it,”
Also Read: India’s 53rd Chief Justice: Centre Approves Appointment of Justice Surya Kant As CJI
Reflecting on his tenure, Justice Gavai expressed regret over not appointing any women judges to the Supreme Court, attributing this to a lack of consensus among Collegium members on the names discussed.
As the first Buddhist and second Dalit CJI following KG Balakrishnan, Justice Gavai remarked that it is the Government’s responsibility to consider legislative action regarding the top court’s ruling on excluding the creamy layer from Scheduled Caste reservations.
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