New Delhi: In a reflective moment during his farewell ceremony, Chief Justice of India (CJI) B.R. Gavai stated that the Constitution bench, in its recent opinion on the Presidential Reference, consciously avoided relying on foreign judgments, opting instead for a "Swadeshi interpretation". This approach, he emphasized, prioritized Indian precedents and jurisprudence in interpreting the Constitution.
The Presidential Reference, a matter of significant constitutional importance, concerned the question of whether judicially imposed timelines could bind the President and state Governors in granting assent to bills. A prior two-judge bench had set strict deadlines, prompting the reference to a larger bench for clarification. The five-judge Constitution Bench, presided over by CJI Gavai, unanimously ruled that imposing such timelines would be "erroneous" and "uncalled for," underscoring the importance of constitutional elasticity. The court held that Governors and the President enjoy discretionary powers under Articles 200 and 201 and are not bound by the aid and advice of ministers, nor can courts impose deemed assent.
CJI Gavai's remarks came in response to Solicitor General Tushar Mehta's observation that a "fresh breeze of Indianness has started flowing in the judgments" since Justice Gavai assumed the office of CJI. Mehta specifically noted that the bench had distinguished the American and British systems from the Indian constitutional framework. Echoing this sentiment, Mehta said that Gavai's court had distinguished the US and British systems and affirmed “we have our own jurisprudence”.
The Solicitor General also lauded the concise nature of the judgment, which addressed all relevant points in just 110 pages, making it a judgment rather than a law review article.
CJI Gavai explained that the bench deliberately preferred Indian precedents to reinforce the "Swadeshi" nature of the Constitution. The judgment itself stated that while the Constitutional text may have been inspired by a comparative outlook, its interpretation and working is truly "swadeshi". It further emphasized that the Indian Constitution is transformative not only in its adoption but also in its practice and interpretation, shedding its colonial vestiges for a vibrant and evolving swadeshi foundation.
During the farewell ceremony, CJI Gavai shared his guiding principles throughout his 41-year legal journey. He said that he joined the profession as a "student of law" and was demitting office as a "student of justice". He emphasized that he had always viewed every public office as an opportunity to serve the nation and approached every responsibility with the aim of serving society. Gavai expressed deep inspiration from Dr. B.R. Ambedkar and his own father, stating that he always strived to balance Fundamental Rights with the Directive Principles of State Policy.
Reflecting on his tenure, CJI Gavai expressed satisfaction that his first major decision as CJI was related to environmental protection. He also highlighted a landmark ruling with ecological implications in the Aravalli mining case, where the court adopted a scientific definition of the Aravalli landscape and directed the Ministry of Environment, Forest & Climate Change to prepare a Management Plan for Sustainable Mining.
Justice Surya Kant, who is set to succeed CJI Gavai as the 53rd Chief Justice of India, praised Gavai's leadership as clear, principled, and decisive.
As he concluded his address, CJI Gavai reiterated the importance of equality, justice, liberty, and fraternity as the foundational principles of the Constitution. He reminded the bar that the Constitution is a living contract between the people and their institutions, and serving as Chief Justice during its 75th year was a privilege and a page in history.
