Justice BR Gavai is expected to take oath as the new CJI on May 14, which is one day after Justice Khanna retires from the top post.
Chief Justice of India, Justice Sanjiv Khanna, has officially recommended the name of Justice BR Gavai to the Union Law Ministry to be appointed as the next Chief Justice of India (CJI).
Justice BR Gavai is expected to take oath as the new CJI on May 14, which is one day after Justice Khanna retires from the top post.
After taking oath, Justice Gavai will become the second Dalit ever to hold the position of Chief Justice of India. The first Dalit to serve as CJI was Justice KG Balakrishnan, who became the head of the judiciary in 2007.
As per the long-standing tradition in the Indian judiciary, the outgoing Chief Justice sends a recommendation to the Union Law Ministry, naming the judge who is next in line to become CJI.
According to news reports, the Law Ministry had earlier asked for “the Chief Justice’s proposal naming his successor”.
Once appointed, Justice BR Gavai will serve as the Chief Justice of India for around six months, as he is due to retire in November this year.
Who is Justice BR Gavai
After Justice KG Balakrishnan, who became the Chief Justice of India in 2007, Justice BR Gavai will be the second Dalit judge in the country’s history to hold the top post in the Indian judiciary.
Justice Gavai, a senior judge of the Supreme Court, has played an important role in several key judgments. He was part of the bench that upheld the Modi government’s 2016 demonetisation decision. He also contributed to the historic ruling that struck down the electoral bonds scheme, declaring it unconstitutional.
Justice Gavai was elevated to the Bombay High Court as a Judge on 14th November 2003. He served there with distinction for 16 long years. His dedication, integrity, and vast experience eventually led to his elevation to the Supreme Court of India on 24th May 2019.
While recommending his name, the Supreme Court Collegium made a special mention. It stated that the appointment gave due weightage to multiple important factors — “seniority, integrity, and merit,” and also ensured “due representation” in the Supreme Court.
Justice Gavai became the first Scheduled Caste judge in the Supreme Court after a gap of 9 years, following the retirement of Justice K.G. Balakrishnan in 2010.
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As per the existing seniority convention, Justice Gavai is in line to become the Chief Justice of India (CJI) and will likely hold the top post from 14th May to 24th November 2025.
Supreme Court Judgments by Justice Gavai
1. Demonetisation Case (Vivek Narayan Sharma v Union of India, 2023)
One of the most notable judgments authored by Justice Gavai was in the Vivek Narayan Sharma v Union of India case related to the 2016 Demonetisation scheme.
In this case, Justice Gavai wrote the majority opinion, supporting the Union Government’s action. He stated that the Union had consulted with the Reserve Bank of India (RBI) before announcing the scheme.
Quoting directly from the judgment:
“The Union consulted with the RBI before announcing the scheme.”
He also clarified that the Union Government has the authority to declare all currency notes of any denomination as invalid:
“The Union has the power to declare all series of any denomination as invalid tender.”
Further, he said that the move passed the legal test of fairness and reasonableness:
“The Demonetisation scheme satisfied the ‘test of proportionality’.”
This ruling was seen as a major validation of the 2016 policy decision that had wide economic and political impact.
2. Sudru v State of Chhattisgarh
Another significant ruling came in the Sudru v The State of Chhattisgarh case. The issue before the court was whether a person can be convicted based only on circumstantial evidence, especially if the main witnesses had turned hostile.
Justice Gavai delivered the opinion on behalf of himself and Justice Deepak Gupta. He provided important clarity regarding how false explanations by the accused should be treated in court.
He ruled:
“Although non-explanation or false explanation cannot be taken to complete the chain of circumstances to establish guilt, the false explanation can always be taken into consideration to fortify the finding of guilt already recorded based on other circumstances.”
This statement provided guidance on how courts should handle such sensitive criminal cases where direct evidence is lacking.
3. Excise Duty Exemption Case (Union of India v Unicorn Industries)
Justice Gavai also wrote the main judgment in the Union of India and Others v Unicorn Industries case, joined by Justices Arun Mishra and MR Shah.
The central question was whether the Union of India had the right to withdraw an Excise Duty exemption on certain products if the change served public interest.
Justice Gavai supported the Union’s position. He emphasized that the withdrawal of the exemption was backed by scientific evidence and research showing that the products in question — tobacco products and pan masala — are carcinogenic and hazardous.
In his words:
“These contain carcinogenic and hazardous properties.”
Therefore, he concluded that the government was right in acting to safeguard public health.
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