Justice Bhushan Ramkrishna Gavai, the Chief Justice of India (CJI)-designate, has asserted the supremacy of the Constitution and declined any post-retirement assignments, reinforcing judicial independence. Justice Gavai, who is set to become the 52nd CJI on May 14, 2025, will be the first from the Buddhist community to hold the position. He is scheduled to retire on November 23, 2025.
In an informal conversation with journalists at his Delhi residence on May 11, Justice Gavai addressed various critical issues, including the relationship between the Parliament and the judiciary, and the judiciary's role during national crises.
Justice Gavai firmly stated, "The Constitution is supreme". This declaration aimed to end the ongoing debate about the authority of Parliament versus the judiciary, clarifying that all governance institutions must operate within the Constitution's limits. This principle, he noted, was upheld in the Kesavananda Bharati case by a 13-judge bench. He emphasized that the courts play a crucial role in reinforcing the Constitution's supremacy and determining the validity of legislative and executive actions based on constitutional principles.
Responding to queries about politicians' statements, including those by Vice President Jagdeep Dhankhar, asserting the Parliament's supremacy, Justice Gavai reiterated the Constitution's preeminence. Dhankhar had previously accused the Supreme Court of acting as a "super Parliament".
In line with his commitment to judicial independence, Justice Gavai declared that he would not accept any government or official assignment after retirement. This decision is expected to bolster public trust in the judiciary's impartiality and address concerns about potential influences on judges seeking post-retirement positions. He stated that any assignment after serving as CJI would be below the CJI's post in protocol, including the position of Governor. When asked about previous CJIs accepting gubernatorial assignments, he refrained from comment.
Justice Gavai expressed the Supreme Court judges' deep concern and sense of duty following the recent terror attack in Pahalgam, Jammu & Kashmir. In the absence of the current CJI Sanjiv Khanna, he convened a full court meeting to discuss the issue and the Supreme Court observed a two-minute silence to pay homage to the victims. He asserted that the Supreme Court cannot remain detached when the country faces a crisis, emphasizing, "We are part of the country". He also commented on the India-Pakistan tensions, stating that ceasefire is always a better option and that war does not benefit anyone.
Furthermore, Justice Gavai addressed the issue of inadequate representation of Scheduled Castes, Scheduled Tribes, and Backward Classes in the judiciary, stating that while there cannot be reservations in appointments to constitutional posts, the relevant authorities should be mindful of ensuring adequate representation of different sections of society in the higher judiciary. He also acknowledged the issue of a lower number of women judges, noting the difficulty in finding suitable candidates at times.
Justice Gavai comes from a family deeply rooted in the ideals of B.R. Ambedkar; his father was a prominent Ambedkarite and former Member of Parliament. Justice Gavai credited his father and Dr. Ambedkar for influencing his legal journey, aiming to further Ambedkar's vision of socio-economic justice through his judgments. He mentioned his regular visits to his village in Maharashtra, especially on his father's birth and death anniversaries.
Justice Gavai also spoke briefly on the cash recovery from Justice Yashwant Varma's residence, stating that the Supreme Court appointed committee has indicted him and the matter has been referred to the President and Prime Minister for necessary action.
Justice Gavai's commitment to constitutional supremacy, his refusal of post-retirement assignments, and his emphasis on social justice and national unity mark him as a significant figure as he prepares to lead the Supreme Court.