Chief Justice of India (CJI) Bhushan Ramkrishna Gavai has advocated for a "pragmatic" approach to interpreting the Constitution, emphasizing that it should be done in a way that "suits the needs of society". Speaking at a felicitation ceremony organized by the Bombay High Court, CJI Gavai cited a past Supreme Court judgment and stressed the importance of interpreting laws and the Constitution in the context of the "problems faced by the present generation". He urged judges to work according to their conscience, oath of office, and the law, and to not be perturbed once a case is decided, advising them to "cut off" their minds from the matter after a verdict.
CJI Gavai's call for a pragmatic interpretation aligns with the view that the Constitution is a living document that must adapt to evolving societal needs and challenges. This perspective suggests that the original intent of the framers should not be treated as "iron-clad rules" but rather as a flexible framework that can be applied to contemporary issues. Former CJI DY Chandrachud also emphasized the necessity for dynamic constitutional interpretations to meet modern challenges. He argued that the Constitution should act as a flexible framework, adapting to societal evolution and knowledge economy demands.
In addition to advocating for a pragmatic approach to constitutional interpretation, CJI Gavai addressed concerns about the conduct of judges and the independence of the judiciary. He mentioned receiving complaints about the "rude behavior" of some judges and urged them to protect the institution's reputation. Stressing that being a judge is an opportunity to serve society and the nation, he implored them to remain true to their oath and commitment. He also asserted that the independence of the judiciary should not be compromised and that the collegium ensures merit, diversity, and inclusiveness in judicial appointments.
CJI Gavai's remarks echo similar sentiments expressed by his predecessors regarding the importance of constitutional values and the judiciary's role in upholding them. He has emphasized that the Constitution carries the heartbeat of those who were never meant to be heard and is a lifeline for India's vulnerable citizens. He also stated that the Constitution is supreme, and all three wings of democracy work under it. He has also acknowledged pendency as a major challenge facing the judiciary, attributing part of the problem to delays in filling judicial vacancies.
CJI Gavai's tenure, though relatively short, is anticipated to address key issues facing the judiciary, including the large number of pending cases and the need for greater transparency and representation in judicial appointments. In a recent interaction with the media, CJI Gavai addressed pressing issues such as the Court's public image, caste and gender representation in the higher judiciary and the criticism around the Collegium system for judicial appointments.