Chief Justice of India B R Gavai said the five-judge Constitution Bench relied entirely on “swadeshi interpretation” in the Presidential Reference judgment. Solicitor General Tushar Mehta praised this approach as a fresh wave of Indianness in Supreme Court rulings.
Chief Justice of India B R Gavai on Friday highlighted that the five-judge Constitution Bench, which delivered the judgment on the Presidential Reference matter, had relied entirely on “swadeshi interpretation.”
He noted,
“In yesterday’s judgment, we did not use a single foreign judgment and we used Swadeshi interpretation,”
referring to the recent opinion on whether timelines can be prescribed for Governors and the President in handling State Bills.
CJI Gavai made these remarks in response to Solicitor General of India Tushar Mehta, who praised the renewed Indian approach in Supreme Court judgments under Gavai’s leadership.
SG Mehta said that since Justice Gavai became the CJI, and with Justice Surya Kant,
“a fresh breeze of Indianness has started flowing in the judgments,”
as reported by media.
The Solicitor General also pointed out the clarity and conciseness of the Presidential Reference judgment, remarking,
“Your lordships said we have our own jurisprudence, and the constitution bench judgment answered everything in just 110 pages. It is a new thing. Judgment should be a judgment and not an article for a law review.”
This exchange took place during ceremonial bench proceedings held in Courtroom No. 1 to bid farewell to CJI B R Gavai on his last working day before retirement on November 23.
The Chief Justice-designate, Justice Surya Kant, also addressed the bench and acknowledged the high standards set by CJI Gavai, saying,
“He (Gavai) has set high standards, which makes my task more daunting. He was truly a brother. We were elevated together to the Supreme Court, and it was in 2003-2004 when we first met. It was two decades ago. He became my trusted confidante.”
Justice Kant further appreciated Gavai’s dedication to merit and excellence in judicial work, emphasizing that Gavai
“has always placed merit and excellence at the centre of judicial philosophy and worked tirelessly to cultivate the same.”
Under CJI Gavai’s leadership, the Supreme Court has increasingly focused on a homegrown interpretation of the Constitution, steering away from reliance on foreign precedents, and ensuring judgments remain concise, practical, and accessible.
His tenure has been widely noted for promoting clarity, merit-based principles, and a distinctly Indian judicial philosophy.
Click Here To Read More Reports on Presidential Reference
