Crime Today News
By Inderjit Badhwar
It was a few years ago at a legal conclave in Mumbai, organised by the India Legal Research Foundation. I was seated in the bar-lounge with colleagues, waiting for the evening’s opening session. A simply dressed man entered the room—slightly lost, soft-spoken, and entirely unremarkable in appearance. I invited him to sit with us. We chatted, laughed, exchanged names. He was full of easy jokes and warmth.
Later that evening, as I took my place on the dais, I noticed him again—seated a few chairs away. That’s when it struck me. I had been sharing cold drinks with none other than Justice Bhushan Ramkrishna Gavai of the Bombay High Court.
He would go on to deliver one of the most insightful talks I’ve ever heard—on the implications of AI in Indian jurisprudence. He didn’t speak like a man chasing applause. He spoke like a man who understood the future—and the law’s role in shaping it.
From Vidarbha To The Supreme Court
Born on November 24, 1960, in Amravati, Maharashtra, Justice Gavai’s legal journey began in 1985. He apprenticed under Raja S Bhonsale, a former Advocate General of Maharashtra, before starting independent practice at the Bombay High Court and then the Nagpur Bench. His rise was methodical and earned:
- Appointed Assistant Government Pleader in 1992.
- Became Government Pleader and Public Prosecutor in 2000.
- Elevated to the Bombay High Court in 2003.
- Became a permanent judge in 2005.
- Appointed to the Supreme Court of India in 2019.
When he assumes office as India’s 52nd chief justice on May 14, 2025, he will be only the second Dalit to hold the post—a powerful symbol, but one backed by substance.
No Performance. Just Principle.
Justice Gavai is not a judge who chases media headlines. He is clear, firm, and grounded. His approach is simple: apply the Constitution, not one’s politics. His courtroom is marked by dignity, his speeches by substance.
He recently said during a visit to Manipur—a state torn by internal conflict: “It is our moral and constitutional duty to ensure that internally displaced persons are not left behind. With the cooperation of the legislature, executive and judiciary, these difficulties will be over soon.”
He wasn’t posturing. He was appealing—as a judge and a citizen—for peace.
When Welfare Becomes Dependency
In a PIL hearing regarding shelters for Delhi’s homeless, Justice Gavai voiced a concern many hesitate to articulate: “Are we not creating a class of parasites? Because of these pre-election freebies—free rations, money transfers—people don’t want to work. I say this from experience.”
It was a controversial remark. But Gavai’s point was about long-term dignity, not short-term relief. His legal mind is pragmatic—he sees dependency as a problem to solve, not perpetuate.
Key Judgments: A Career On Record
Justice Gavai has participated in over 700 benches and authored nearly 300 judgments. Here are some of the most significant:
1. Abrogation of Article 370 (2023)
He was part of the five-judge bench that upheld the centre’s move to revoke Jammu and Kashmir’s special status. While the ruling was controversial, it reinforced the Court’s role in interpreting constitutional authority over federal structure.
2. Electoral Bonds Case (2024)
He was part of the unanimous five-judge bench that struck down the opaque political funding mechanism, citing voters’ right to information and electoral transparency.
3. Demonetisation Verdict (2023)
He authored the majority opinion upholding the 2016 demonetisation, reasoning that the move satisfied the test of proportionality and was made after due consultation with the RBI.
4. Anuradha Bhasin vs Union of India (2020)
As part of the bench that dealt with internet shutdowns in J&K, Justice Gavai emphasized transparency and periodic review, laying groundwork for digital rights jurisprudence in India.
5. Union of India vs Unicorn Industries
He held that the government could withdraw tax exemptions from harmful products like pan masala and tobacco, prioritizing public health and relying on scientific evidence.
6. Custody Rights Judgment (2024)
Justice Gavai overturned a High Court ruling that denied a father custody of his child. “Grandparents cannot have a better claim than the father, who is the natural guardian,” he said, restoring basic family law clarity.
Justice As Rehabilitation: The Prison Reformer
As Executive Chairman of NALSA, Justice Gavai has walked the talk on prison reform. At Nagpur Central Jail, he inspected food quality, vocational training programmes, women’s wards, and legal aid centres. He spoke to inmates and children of incarcerated women, pledging support and advocating for reintegration. In Gujarat, he endorsed a new SOP on Prison Reform:
“Among all vulnerable sections, prisoners remain in the poorest condition. Their families must be given counselling and awareness of government schemes.” “Vocational training, mental health care, and quality legal aid are not luxuries—they’re rights.” His idea of justice doesn’t end at the courtroom door. It continues inside prison walls.
What His Tenure Can Mean
Justice Gavai’s tenure as chief justice will last from May to November 2025—just over six months. Short, yes—but that doesn’t mean insignificant.
Here’s what India can expect:
1. Tone Over Tenure
He will bring a quiet, grounded dignity to the office—not one defined by public posturing, but by procedural discipline and ethical clarity.
2. Constitutional Fidelity
From electoral transparency to digital access, his judgments show a deep respect for the text and spirit of the Constitution.
3. Institutional Repair
He’s likely to restore boundaries between judiciary, legislature, and executive—subtly, but firmly.
4. Representation With Merit
His rise matters—not just as a Dalit CJI, but as a jurist who reached the top through work, not tokenism.
5. Focus on the Margins
From undertrial rights to digital courtrooms, expect reforms that put the citizen—not the system—at the centre.
“Short tenures can still set strong precedents,” a colleague observed. Justice Gavai might just do that—without theatrics.
Final Word: The Still Voice Of The Judiciary
Justice Gavai is not a reformer in a hurry. He’s a restorer of balance, independence, and empathy. He doesn’t speak to please, and he doesn’t act for attention. But when he does speak, or act, it is with moral clarity.
As chief justice, he will likely be remembered not for noise, but for integrity, not for revolution, but for stability. And in today’s fractured institutional climate, that may be exactly what India needs.
This article first appeared on India Legal
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