Solicitor General Tushar Mehta praised outgoing CJI BR Gavai for growing immensely as a judge while remaining humble and grounded as a human being. The Supreme Court bid farewell to the Chief Justice ahead of his retirement on November 23.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: Chief Justice of India B. R. Gavai is set to conclude his term on 23 November 2025, and the Supreme Court today held a ceremonial bench to honour his service and contributions to the judiciary. The specially assembled bench featured CJI Gavai, Chief Justice-designate Justice Surya Kant, and Justice Vinod Chandran, marking the transition to the next leadership of the apex court.
The ceremony opened with an address by Attorney General R. Venkataramani, who recited a poem dedicated to the CJI, highlighting his contribution to the judiciary. Solicitor General Tushar Mehta, in his remarks, commended the CJI for infusing “Indianness” into constitutional jurisprudence and remaining grounded throughout his judicial career.
The farewell came a day after a five-judge Constitution Bench delivered a unanimous opinion in the Presidential Reference case concerning timelines for assent to Bills by Governors and the President. The reference, registered suo motu on July 19, sought clarity on 14 constitutional questions raised by President Droupadi Murmu.
The Bench, comprising CJI BR Gavai, Justices Surya Kant, Vikram Nath, PS Narasimha and AS Chandurkar, held that the April 8, 2025, decision prescribing fixed timelines for assent usurped constitutional powers and violated the doctrine of separation of powers. The Court emphasized that it was not sitting in appeal, but furnishing an advisory opinion under Article 143 of the Constitution.
Solicitor General Tushar Mehta’s tribute captured the defining shift during Gavai’s tenure:
“After you took over as CJI and with Justice Surya Kant, a fresh breeze of Indianness started flowing in the judgments.”
This was more than praise; it pointed to one of the most significant jurisprudential transitions in recent years. CJI Gavai insisted that Indian constitutional history, federal structure and cultural context must be the primary basis of constitutional interpretation.
His own response was revealing:
“In the Governor judgment, we did not use a single foreign judgment. We used Swadesi interpretation.”
This Indianness in constitutional law became a recurring theme throughout his term — and may become his enduring legacy.
Just one day before his farewell, the Supreme Court delivered its landmark 110-page advisory opinion on the Presidential Reference concerning assent to Bills by Governors and the President.
The five-judge bench, led by CJI Gavai, held that the April 8 judgment mandating specific timelines for assent resulted in “usurpation of constitutional authority”. In other words, the Court rejected the judiciary-created deadlines as inconsistent with the separation of powers.
Whether one agrees with that position or not, the clarity of the opinion, addressing all 14 constitutional questions raised by the President, was admired across the Bar. SG Mehta articulated the sentiment sharply:
“All questions were answered, nothing was left unanswered. A judgment should be a judgment, not an article for a law review.”
ALSO READ: CJI BR Gavai’s Legacy: How He Redefined Judicial Limits, With Key Judgments Explained
Across the farewell speeches, one theme persisted: CJI Gavai rose in the institution, but never changed as a person.
Senior Advocate Kapil Sibal drew a powerful comparison between the Supreme Court of the 1970s and today:
“When I practiced here in the 1970s, it was an elitist court.
There were fine judges but they were not Dhonis of today.”
CJI Gavai, born in Nagpur, from a modest background, symbolized how the Supreme Court is no longer an exclusive elite space. It now reflects India, both geographically and socially.
The SCBA President Vikas Singh recounted Gavai’s self-effacing attitude toward personal security, quoting him:
“If someone wants to kill me in my village, then I do not deserve to live.”
This was not bravado; it was a public articulation of how power should not separate the judge from society.
Incoming CJI Justice Surya Kant, speaking emotionally of his long professional association with Gavai, described his judicial style as:
- centred on merit and excellence
- firm yet calm in the courtroom
- anchored in ethical clarity
He noted that proceedings under CJI Gavai never became disorderly, not because of fear, but because of mutual respect.
In his closing remarks, CJI Gavai turned reflective:
“I always believed that every office is not an office of power but an opportunity to serve the nation.”
He credited Dr B.R. Ambedkar and his father for shaping his understanding of justice, and emphasized the importance of balancing Fundamental Rights and Directive Principles — a theme evident in many of his judgments.
His parting words were simple but powerful:
“I demit office with a full sense of satisfaction and contentment.”
Key takeaways from the judgment include:
- Courts cannot prescribe rigid timelines for Governors and the President to grant or withhold assent.
- The earlier ruling that required one month for Governors and three months for the President was held to be contrary to the separation of powers.
- The concept of “deemed assent” was rejected.
- However, the Court emphasised that constitutional authorities cannot sit indefinitely on Bills, and prolonged inaction may invite limited judicial intervention.
The opinion addressed 14 constitutional questions framed by the President of India regarding the scope of judicial review, permissible timelines, and the contours of discretion under Articles 200 and 201.
Legacy of CJI Gavai
Although his tenure as CJI was short, it was impactful and defined by:
- Judicial restraint in political and federal disputes
- Emphasis on clarity over verbosity
- Constitutional balance rather than judicial activism
- A courtroom atmosphere marked by courtesy and approachability
Throughout the ceremony, multiple speakers emphasised that CJI Gavai never let power change his human temperament, a quality that contributed significantly to his popularity among the Bar.
Read More Reports On CJI Gavai
