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. He argued that it was necessary to address real inequality, citing Ambedkar’s views that equality does not necessarily mean equal treatment for all.

During the speech, he thanked the judiciary for the opportunities and experiences he received during his tenure. His retirement is scheduled for November 23, making Friday his final working day at the Supreme Court.

He said that he practises Buddhism but does not have deep knowledge of religious studies and considers himself truly secular.

CJI Gavai further said that the greatest privilege of his 41-year career was leading the Indian judiciary at a time when the nation is celebrating 75 years of the Indian Constitution. “I am privileged I have been the captain of the Indian judiciary when India is celebrating 75 years of the Indian Constitution,” he said, placing the constitutional milestone at the centre of his final address.

He also reflected on the guiding principles of his tenure, recalling that the Constitution, “as Dr Ambedkar said, is an evolving document,” has continued to adapt to the nation’s changing aspirations.

He said his judicial philosophy was deeply shaped by Dr BR Ambedkar and by his father. “Dr Ambedkar’s speech of 25th November always advocated for social justice,” he noted, adding that he “tried wherever possible to do justice by balancing Fundamental Rights and Directive Principles.”

CJI-designate Justice Surya Kant paid tribute to Gavai’s legacy, praising his leadership and calling his voice “clear, principled and decisive.”

CJI Gavai’s Ruling On Bulldozer Action

The ruling, delivered last year, condemned the practice of arbitrary demolitions as it delivered a verdict on petitions challenging bulldozer action. The top court emphasised that such actions violate constitutional principles and legal rights, asserting that executive actions cannot override judicial processes.

A bench of Justices Gavai and Viswanathan had also issued a set of nationwide guidelines to regulate the demolition of illegal structures.

The bench had noted that bulldozer demolitions carried out by state authorities subverted the authority of courts as it essentially took up an adjudicatory role to determine the guilt of an accused person and punish them. In that way, it denigrated the separation of powers.