In a landmark move, the Supreme Court (SC) has rendered its opinion on the Presidential Reference by exclusively using Indian precedents, marking a departure from its usual practice of citing foreign judgments. This "swadeshi interpretation," as emphasized by Chief Justice of India (CJI) B.R. Gavai, highlights the maturity and strength of India's constitutional jurisprudence.
The five-judge Constitution bench, headed by CJI Gavai and comprising Justices Surya Kant, Vikram Nath, P.S. Narasimha, and A.S. Chandurkar, delivered a unanimous opinion on the Presidential Reference, focusing on the powers and functions of the President and Governors concerning bills passed by state assemblies. The bench consciously avoided referencing American or British rulings, emphasizing the "swadeshi" nature of the Constitution's interpretation and application.
CJI Gavai, during his farewell remarks, underscored this shift in judicial reasoning, noting that the bench relied entirely on Indian precedents. Solicitor General Tushar Mehta lauded this approach, describing it as "a fresh breeze of Indianness" in the Supreme Court's decisions, showcasing confidence in domestic principles and judicial understanding. He added that the 110-page judgment clearly distinguished India's constitutional structure from Western legal systems.
The Supreme Court observed that while the constitutional text may have drawn inspiration from a comparative perspective, its interpretation and operation are truly "swadeshi". The bench recognized that the Indian Constitution has been transformative in its practice and interpretation, shedding its colonial vestiges to establish a vibrant and evolving foundation. Unlike the English experience of an unwritten constitution, India has a written text. The American experience also differs significantly due to the strict separation of powers between the executive and the legislature, which necessitates the Presidential Veto. The SC emphasized that the English constitutional law did not have to grapple with questions of federalism and an inherently diverse country.
This move towards "swadeshi interpretation" signals a broader jurisprudential trend, encouraging future benches to build more consciously on India's own constitutional foundations. As Justice Surya Kant prepares to assume office as the 53rd Chief Justice of India on November 24, 2025, the judiciary is poised to continue strengthening its independent, indigenous legal identity. Justice Kant, who was recommended by Justice Gavai as his successor, praised Justice Gavai for his unwavering commitment to constitutional values and for setting a high standard in judicial conduct.
