On May 13, 2025, Justice Bhushan Ramkrishna Gavai took the oath as the 52nd Chief Justice of India (CJI), succeeding CJI Sanjiv Khanna. As a member of the Scheduled Caste community, Justice Gavai’s appointment is historically significant, marking him as only the second CJI from this background. Throughout his tenure as a judge, Justice Gavai has delivered several critical judgments that have shaped Indian law, from environmental justice to constitutional interpretations. Let's dive into some of the major rulings that highlight his contributions to India’s legal system.
Read Also:- Non-Public Servant Can Be Convicted For Abetting Offences Under Prevention Of Corruption Act
In a landmark judgment, Justice Gavai took a firm stand against the "bulldozer justice" trend. This practice, where authorities demolish properties based on accusations or convictions, was deemed unconstitutional. The Supreme Court declared:
“The executive cannot demolish properties merely because a person is accused or convicted. Such actions violate the rule of law and the separation of powers.”
The court ordered that before demolishing properties, authorities must issue a show cause notice, conduct a personal hearing, and ensure judicial oversight. This ruling reaffirms the importance of due process in maintaining justice.
Read Also:-Justice Bela Trivedi to Retire Early: Last Working Day in Supreme Court Set for May 16
Justice Gavai was part of a bench that ruled on the issue of sub-classification within the Scheduled Castes. The Court held that states could create separate quotas for more backward groups within the SC category. In a concurring opinion, Justice Gavai advocated for applying the "creamy layer" principle to Scheduled Castes to ensure that those who have benefited from affirmative action don’t continue to receive such benefits indefinitely. He argued:
“Treating the children of high-ranking SC officers equally with those from disadvantaged backgrounds undermines the goal of achieving real equality.”
This opinion has laid the groundwork for future debates on the scope of reservations in India.
In another important ruling, Justice Gavai granted bail to Delhi's former Deputy Chief Minister, Manish Sisodia, in the Delhi liquor policy case. The Court observed:
Read Also:- Supreme Court Scraps 100-Point System for Senior Advocate Designation: Key Reasons Explained
“The delay in starting the trial, with hundreds of witnesses and thousands of documents, infringes on the right to speedy justice.”
This judgment became a precedent for granting bail in similar cases, ensuring that prolonged detention without trial does not violate a person’s fundamental rights.
Justice Gavai also played a key role in declaring the arrest of NewsClick founder, Prabir Purkayastha, illegal, as the Delhi police failed to supply the grounds for his arrest. The Court held:
“The failure to provide written grounds for arrest violates the person’s right to a fair legal process.”
This ruling emphasized the necessity of providing detailed grounds for arrest as mandated by law, thus protecting citizens from unlawful detention.
Bench: Justice BR Gavai and Justice KV Viswanathan [authored]
