Justice Bhushan Ramkrishna Gavai, the 52nd Chief Justice of India, has retired on November 23, 2025, concluding a six-month tenure marked by significant judgments and a commitment to constitutional values. His legacy is characterized by a series of impactful decisions, particularly in the areas of waqf law, wildlife conservation, and climate change.
Judicial Philosophy and Personal Background
Born in 1960 in Amravati, Maharashtra, Justice Gavai's journey to the highest judicial office is a testament to his resilience and dedication. His father, R.S. Gavai, was an Ambedkarite politician, and his early education in a municipal school instilled in him a deep understanding of the difficulties faced by common people. Justice Gavai has openly acknowledged the role of affirmative action in shaping his career, emphasizing his commitment to equity and opportunity. Known for his connection with people and understanding of their difficulties, Justice Gavai often provided pro bono legal services early in his career and encouraged junior lawyers.
Waqf Law
Justice Gavai's contributions to waqf law are particularly noteworthy. The Waqf (Amendment) Act, 2025, aimed to amend the Waqf Act of 1995, saw a sharply divided vote in both Houses of Parliament. The Supreme Court, under Justice Gavai, heard challenges to the Waqf (Amendment) Act, 2025, and reserved its verdict after extensive arguments. The court acknowledged that some provisions of the Act could lead to an "arbitrary" exercise of power and stayed key provisions that sparked nationwide protests. These interventions reflected a readiness to balance parliamentary power with constitutional limitations, ensuring that the legislation adhered to fundamental rights.
Wildlife Conservation
Justice Gavai demonstrated a strong commitment to environmental stewardship, handing down several important rulings related to wildlife and forest conservation. In a significant judgment, the Supreme Court, headed by Justice Gavai, addressed the issue of human-wildlife conflict, directing states to consider notifying it as a natural disaster. The court also mandated compensation of ₹10 lakh to victims of such conflicts and called for smooth compensation policies for crop damage and loss of life. Further, the Court banned all mining activities within one kilometer of national parks and wildlife sanctuaries.
The Supreme Court also focused on the Jim Corbett Tiger Reserve, ordering the Uttarakhand government to restore ecological damage caused by illegal tree felling and unauthorized construction. The court mandated the demolition of unauthorized structures within three months and directed the state to submit a comprehensive restoration plan. It clarified that tiger safaris should be established only on non-forest land or degraded forest land, ensuring that core tiger habitats remain undisturbed. The court emphasized that tourism should be eco-tourism, promoting conservation efforts.
Climate Change and Environmental Clearances
Justice Gavai's bench addressed critical issues related to environmental clearances and sustainable development. While recognizing the importance of environmental protection, a division bench, including Justice Gavai, recalled a previous order that barred post-facto environmental clearances. The majority view was that demolishing projects already completed or nearing completion would waste valuable public resources. However, this decision faced strong dissent, with Justice Ujjal Bhuyan emphasizing that retrospective environmental clearances are alien to environmental jurisprudence and undermine environmental protection.
Other Notable Judgments and Observations
Beyond waqf law, wildlife, and climate change, Justice Gavai was involved in several other landmark judgments. He was part of the bench that upheld the abrogation of Article 370, which revoked the special status of Jammu and Kashmir. He also concurred with the majority in striking down the Electoral Bonds Scheme, emphasizing citizens' right to information and transparency in political funding. Justice Gavai was also part of the bench that heard the contempt case against Prashant Bhushan, addressing issues of free speech and judicial accountability.
Justice Gavai's tenure as Chief Justice, though brief, leaves a lasting impact on Indian jurisprudence. His judgments reflect a commitment to constitutional values, procedural fairness, and individual rights. His concern for the environment, coupled with his nuanced understanding of socio-economic realities, shaped his approach to complex legal questions. By addressing critical issues related to waqf law, wildlife conservation, and climate change, Justice Gavai has cemented his place as a significant figure in the legal history of India.
