All posts tagged: Gavai

Judiciary ‘aligned with State power’ during Emergency: Ex-CJI Gavai

Judiciary ‘aligned with State power’ during Emergency: Ex-CJI Gavai

Published by Parlour News

Former Chief Justice of India (CJI) Bhushan R Gavai on Saturday delivered a scathing reflection on the constitutional collapse during the Emergency of 1975, saying the period exposed how the judiciary, instead of acting as a safeguard against excesses of the State, “aligned with State power”, while Parliament, the executive and the judiciary all failed in the discharge of their constitutional duties. Judiciary ‘aligned with State power’ during Emergency: Ex-CJI Gavai Delivering the 19th Annual Sujata Jayawardena Memorial Oration in Colombo on the theme ‘In a True Democracy, is Parliament Supreme?’, Justice Gavai said the infamous ADM Jabalpur Vs Shivkant Shukla judgment represented “perhaps the most extreme judicial deference to executive and legislative power in India’s constitutional history”. “What, then, did ADM Jabalpur judgment signify? It marked a moment where both Parliament and the executive appeared to be unchecked, and where the judiciary, instead of acting as a safeguard, aligned with State power,” justice Gavai said. “The Emergency revealed that Parliament, the executive and the judiciary all failed in the discharge of their constitutional duties. …

Faced criticism from my own community for advocating creamy layer principle: former CJI Gavai

Faced criticism from my own community for advocating creamy layer principle: former CJI Gavai

Published by Parlour News

Former Chief Justice of India B.R. Gavai. File | Photo Credit: ANI Former Chief Justice of India B.R. Gavai has said he has been “widely criticised” by people from his own community for stating in a judgement that the creamy layer principle should be applied to reservation for the Scheduled Castes. In Dr B.R. Ambedkar’s view, affirmative action was like providing a bicycle to someone who is lagging behind, Gavai said, asking whether Ambedkar thought that such a person should never give up the bicycle. Ambedkar did not think so, he claimed. The former CJI Gavai, who retired as CJI recently, was delivering a lecture on “Role of Affirmative Action in Promoting Equal Opportunity” at Mumbai University on Saturday. Paying tributes to Ambedkar on his death anniversary, Justice Gavai said the iconic leader was the architect not only of the Indian Constitution but also of the affirmative action enshrined in it. “Babasaheb, in so far affirmative action is concerned, was of the view that it is like providing a cycle to those who are lagging …

‘No Interference’: Former CJI Gavai Rejects Claims Of Govt Pressure On Judiciary | India News

‘No Interference’: Former CJI Gavai Rejects Claims Of Govt Pressure On Judiciary | India News

Published by Webster

Last Updated:November 27, 2025, 13:27 IST Several political leaders, including Leader of the Opposition Rahul Gandhi, have accused the BJP and RSS of influencing key institutions. Former Chief Justice of India (CJI) BR Gavai. (PTI file photo) Former Chief Justice of India (CJI) BR Gavai has asserted that there is “no government interference” in the functioning or decisions of the judiciary. His remarks come amid persistent claims from several political leaders that constitutional institutions are under pressure. In an exclusive conversation with IANS, the former CJI said the judiciary continues to operate independently and dismissed allegations suggesting otherwise. Several political leaders, including Leader of the Opposition Rahul Gandhi, have accused the BJP and RSS of influencing key institutions. Gandhi has frequently claimed that the judiciary operates under pressure from the government led by Prime Minister Narendra Modi. Earlier, former CJI DY Chandrachud had also addressed similar criticism, saying that courts must not be viewed as the opposition and emphasising that their role is to examine the constitutionality of laws, not replace elected representatives. Speaking to …

Upbringing guided my response: Former CJI BR Gavai opens up about shoe throwing incident

Upbringing guided my response: Former CJI BR Gavai opens up about shoe throwing incident

Published by Parlour News

Updated on: Nov 27, 2025 12:00 pm IST Earlier in October, Advocate Rakesh Kishore attempted to hurl a shoe at the CJI BR Gavai, after which he decided not to pursue any action against the lawyer. Former Chief Justice of India BR Gavai recently opened up about his experiences after the shoe-throwing attempt at him, made last month. He said that his decision not to pursue action against the lawyer stemmed from his upbringing and personal values. Responding to the criticism of the working of the Supreme Court collegium, Gavai strongly defended its functioning.(PTI File) In an interview with ANI, former CJI BR Gavai said, “Maybe it is a result of my upbringing… I didn’t even know it was related to some alleged utterances or observations made by me in court.” Gavai also added that he felt he should proceed with the matter and that it was a decision “taken in the spur of the moment,” he said. Earlier, on October 6, Advocate Rakesh Kishore attempted to hurl a shoe at the CJI, who was …

Upbringing Guided My Response: Former CJI BR Gavai On Shoe-Throwing Incident

Upbringing Guided My Response: Former CJI BR Gavai On Shoe-Throwing Incident

Published by Webster

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CJI Kant to head SC collegium after predecessor Gavai demits office

CJI Kant to head SC collegium after predecessor Gavai demits office

Published by Webster

Chief Justice of India Justice Surya Kant will now head the five-member Supreme Court collegium as his predecessor Justice B R Gavai demitted office on Sunday. The reconstitution of five and three-member collegium is a consequential event after the superannuation of former CJI Gavai on November 23. Besides CJI Kant, the five-member collegium which selects apex court judges and decides on transfers of high court judges, would now comprise CJI Kant and Justices Vikram Nath, BV Nagarathna, JK Maheshwari and MM Sundresh. The three-member collegium, which selects high court judges, will have the CJI and Justices Vikram Nath and BV Nagarathna as members. Even though Justice Kant has a tenure of nearly 15 months as CJI, the collegium will undergo only one change when Justice Maheshwari retires on June 28, 2026. Justice PS Narasimha will become a member of the collegium. After CJI Kant retires, Justice JB Pardiwala will enter the collegium. The collegium system is a process for appointing and transferring judges in higher judiciary. This story has been sourced from a third party …

Only relaxed timeline, but governors cannot hold a bill indefinitely: Outgoing CJI Gavai defends verdict

Only relaxed timeline, but governors cannot hold a bill indefinitely: Outgoing CJI Gavai defends verdict

Published by Parlour News

Outgoing Chief Justice of India BR Gavai on Sunday said that the apex court gave a balanced verdict by doing away with the timelines for governors and the President on bills, as the Constitution does not permit it, and at the same time holding that governors cannot sit over the bills indefinitely. Outgoing chief justice of India BR Gavai during an event in New Delhi(ANI) In a candid conversation with media persons at his official residence, Justice Gavai said that the Constitution rests on the principle of separation of powers and does not permit the court to read timelines where none exist. He is leaving office on November 23, Sunday. Friday was his last working day in the Supreme Court. “We have not only relaxed the timeline, but we also balanced it by saying that the governor cannot sit over the bill for an endless time,” the outgoing CJI said. Responding to criticism that he diluted timelines for governors’ decisions on bills, he said, “The Constitution does not permit the court to read timelines where …

‘No Interference’: Former CJI Gavai Rejects Claims Of Govt Pressure On Judiciary | India News

‘Judiciary Has Done Its Part’: Outgoing CJI Gavai Says Govt, Parliament Must Act On Creamy Layer Reform | India News

Published by Webster

Last Updated:November 23, 2025, 19:19 IST Chief Justice Gavai said the court had ‘done its part’ by clearing the path for this reform, adding that the next steps must come from the government. Chief Justice of India (CJI) BR Gavai. (PTI file photo) On the eve of his retirement, Chief Justice of India BR Gavai said the Supreme Court has already taken the necessary steps to address the creamy layer issue in caste-based reservations, and it is now for the government and Parliament to move the process forward. Speaking to the media today, he reflected on key judgments, the state of the judiciary, and the challenges that lie ahead. Earlier this year, a Constitution Bench — which included Justice Gavai — delivered a landmark ruling allowing sub-classification within the Scheduled Castes and Scheduled Tribes. The aim was to ensure that reservation benefits reached the most disadvantaged sections within these communities. Chief Justice Gavai said the court had “done its part” by clearing the path for this reform. He added that the next steps must come …

What Does Outgoing CJI BR Gavai Consider His Most Important Ruling? His Answer | India News

What Does Outgoing CJI BR Gavai Consider His Most Important Ruling? His Answer | India News

Published by Webster

Last Updated:November 22, 2025, 13:27 IST Speaking at a farewell function, outgoing Chief Justice Gavai emphasised that such actions contravene the rule of law and violate the right to shelter. Chief Justice of India BR Gavai (News18) Outgoing Chief Justice of India BR Gavai has said that he considered his verdict against “bulldozer action” as his most important one, followed by the ruling allowing states to sub-classify SCs and STs for job reservations, in his tenure. Speaking at a farewell function organised by the Supreme Court Advocates on Record Association (SCAORA), Chief Justice Gavai emphasised that such actions contravene the rule of law and violate the right to shelter. “Bulldozer justice is against the grain of rule of law. 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 said. He also spoke about his judgment on sub-classification of Scheduled Castes (SCs) and Scheduled Tribes (STs) for job reservations. …

CJI Gavai bids adieu, says he is leaving Supreme Court as ‘student of justice’ with full sense of satisfaction

CJI Gavai bids adieu, says he is leaving Supreme Court as ‘student of justice’ with full sense of satisfaction

Published by Parlour News

Overwhelmed by rich tributes on his last working day, Chief Justice of India Bhushan Ramkrishna Gavai on Friday (November 21, 2025) said he was leaving the institution “with a full sense of satisfaction and contentment” and as a “student of justice” on concluding four decades of journey as a lawyer and a judge. In another farewell function held by the Supreme Court Bar Association (SCBA) in the evening, the 52nd CJI recalled the ire that he faced from his own community for one of his judgments in which it was held that the creamy layers among the Scheduled Castes (SCs) can also be denied the reservation benefits in admissions and jobs. “Being an ardent student of the Constitution, the virtues of equality, justice, liberty and fraternity were always close to my heart,” he said. The CJI, who would demit office on November 23, a Sunday, justified his recent landmark verdict quashing key provisions of the 2021 Tribunals Reforms law saying independence of the judiciary is the basic structure of the Constitution and freedom of tribunals …