NEW DELHI, November 21, 2025 – Retiring Chief Justice of India (CJI) B.R. Gavai has publicly identified his verdict against "bulldozer justice" as the most important judgment he authored during his tenure. This statement, a departure from the traditional reluctance of judges to comment on their own rulings, was made at a farewell function organized by the Supreme Court Bar Association (SCBA) on Friday. CJI Gavai is set to retire on Sunday, November 23, 2025.
CJI Gavai explained his choice by emphasizing that "bulldozer justice" is against the very grain of the rule of law. He questioned the legality and morality of demolishing a house simply because a person is accused or convicted of a crime, highlighting the fundamental right to shelter and the injustice inflicted upon the accused's family. "How can a house be demolished just because a person is accused of a crime or convicted for it? What is the fault of his family and parents? Right to shelter is a fundamental right," he stated.
The term "bulldozer justice" refers to the practice of authorities demolishing properties, often belonging to those accused of crimes, without following due process. This form of punitive action has been criticized for being arbitrary and disproportionate, undermining the principles of fair trial and justice.
CJI Gavai highlighted that the Supreme Court's judgment on unlawful demolitions sent a clear message that the Indian legal system is governed by the rule of law, not by the rule of the bulldozer. He emphasized the importance of the judiciary protecting the rule of law in India and has mentioned the "bulldozer justice" judgment in speeches in foreign countries.
In addition to the "bulldozer justice" verdict, CJI Gavai also spoke about the ruling that allows states to sub-classify Scheduled Castes (SCs) and Scheduled Tribes (STs) for job reservations as another significant judgment. He argued that this sub-classification is necessary to address genuine inequality, as children of high-ranking officials cannot be equated with those of agricultural laborers who lack access to education and resources. He quoted Ambedkar, stating that equality does not mean equal treatment to all, as it would lead to further inequality.
CJI Gavai recounted an instance where a law clerk, the son of a top bureaucrat from the SC community in Maharashtra, decided not to avail reservation benefits after understanding the judgment, recognizing that he had access to better facilities. CJI Gavai also mentioned that he faced severe criticism from his own community for the judgment that the creamy layer principle in reservation should be extended to Scheduled Castes.
CJI Gavai also touched upon the importance of the freedom of tribunals and expressed displeasure with the Attorney General for seeking adjournment in a case challenging the Tribunal Reforms (Rationalisation and Conditions of Service) Act, 2021.
CJI Gavai emphasized that the Supreme Court should not be CJI-centric and said that he always tried to take everyone’s opinions into consideration. He also shared that passing orders against "bulldozer justice" gave immense satisfaction to him and Justice K.V. Viswanathan.
