Introduction: Who is Justice B.R. Gavai

  • Justice Bhushan Ramkrishna Gavai is set to become the 52nd Chief Justice of India (CJI), following a recommendation by the current CJI Sanjiv Khanna.
  • He currently serves as the second-most senior Supreme Court judge.
  • Upon his appointment, he will become the second Dalit to assume the position of CJI after Justice K.G. Balakrishnan in 2007.

 

Key Judgments by Justice B.R. Gavai

  • Justice Gavai had a role in upholding the 2016 demonetisation and was a part of the Bench that upheld the abrogation of Article 370.
  • He was also integral to the Constitution Bench that struck down the Electoral Bonds Scheme (Association for Democratic Reforms v. Union of India).
  • In State of Punjab v Davinder Singh (2024), he advocated for applying the creamy layer principle to SCs/STs to ensure "real equality" in affirmative action. 

 

Appointment Process of Chief Justice of India

  • A Supreme Court judge, including the CJI, is appointed by the President under Article 124 (2).
  • The senior-most judge, based on length of service, is usually designated as CJI, although this is a customary practice and not a legal requirement.
  • To qualify as CJI, one must be an Indian citizen, should have served as a High Court judge for 5 years or as an advocate for 10 years, or been recognised as a distinguished jurist in the President's opinion.
  • The CJI can only be removed by the President following an address by Parliament, with support from a special majority in both Houses.

 

Historical Significance of Justice Gavai's Appointment

  • Justice Gavai's appointment as CJI carries historical significance as he is set to become the second Dalit Chief Justice, thereby representing social diversity in the country’s highest judicial office.
  • His various judgments reflect his commitment to upholding constitutional principles and ensuring equitable justice. His potential appointment as the CJI brings hope for further consolidating these principles and practices within the judicial system.