Justice B R Gavai sworn-in as 52nd Chief Justice of India

United News of India

14-05-2025

New Delhi, May 14 (UNI) In a significant moment for India's judiciary, Justice Bhushan Ramkrishna Gavai was sworn in as the 52nd Chief Justice of India (CJI) on Wednesday.
The oath of office was administered by President Droupadi Murmu at Rashtrapati Bhavan.
Justice Gavai succeeds Chief Justice Sanjiv Khanna, who demitted office on May 13.
Justice Gavai's elevation to the highest judicial post is historic on two fronts: he becomes the first Chief Justice of India from the Buddhist community, and only the second CJI from the Scheduled Caste category after Justice K G Balakrishnan, who held the post from 2007 to 2010.
Justice Gavai is a Jurist known for his bold judgments. He has been associated with several landmark judgments during his tenure on the bench.
Notably, he authored the strong ruling against the practice of "bulldozer justice", the unlawful demolition of properties of accused persons. The Court declared such actions by state authorities as a violation of the rule of law and emphasized that only judicial orders, not executive whims, can authorize demolition.
He also granted bail to political figures, including Manish Sisodia and K Kavitha in the Delhi liquor policy case, citing undue delay in trial and violation of the constitutional right to speedy justice.
In another prominent ruling, the bench, led by Justice Gavai, held that the arrest of NewsClick Editor Prabir Purkayastha under UAPA (Unlawful Activities Prevention Act) was illegal, as the grounds of arrest had not been supplied in writing, a direct violation of legal norms.
Pushing the boundaries of equality jurisprudence, Justice Gavai has played a pivotal role in shaping constitutional discourse around social justice. He was part of the Constitution Bench in the State of Punjab versus Davinder Singh case, where the Court upheld sub-classification within Scheduled Castes as constitutionally permissible.
In a concurring opinion, he advocated for the application of the creamy layer principle to SCs to ensure that the most disadvantaged truly benefit from reservations.
In the Vanniyar Quota case, he was part of the bench that struck down internal reservations for lack of
supporting data. He also contributed to clarifying the prospective application of the M Nagaraj judgment regarding SC/ST promotions.
Justice Gavai has been part of several landmark Constitution Bench decisions, including: Sabarimala Review Reference (2020): Upheld the maintainability of larger issues raised during the review petitions.
Demonetisation (2023): Authored the majority opinion upholding the 2016 demonetisation, stating it met constitutional tests.
Article 370 (2023): Joined the majority in upholding the abrogation of Jammu & Kashmir's special status.
Electoral Bonds (2024): Part of the bench that struck down the Electoral Bond Scheme as unconstitutional, reinforcing voters' right to information.
Ministerial Speech Liability (2023): Held that ministers' statements can lead to constitutional torts if they incite administrative harm.
Justice Gavai's other noteworthy judgments are - Anuradha Bhasin Case (2020): Affirmed that internet access is essential for exercising freedom of speech and trade under Articles 19(1)(a) and 19(1)(g).
SC/ST Act Review (2019): Part of the bench that reversed the dilution of arrest provisions under the SC/ST Act.
Contempt Case against Prashant Bhushan (2020): Justice Gavai was part of the bench that held the advocate guilty of contempt for comments on the judiciary.
As Chief Justice, one of the first high-profile matters Justice Gavai will preside over is the challenge to the constitutional validity of the Waqf (Amendment) Act and the Waqf Act, 1995, scheduled for hearing on May 15, 2025.
Justice Gavai's elevation marks not only a personal milestone but also a significant moment in the journey toward social inclusivity and progressive jurisprudence in India's highest court.