He is the first Buddhist CJI
New Delhi: President Droupadi Murmu on Wednesday administered the oath of office to Justice B.R. Gavai as the Chief Justice of India (CJI) in a swearing-in ceremony held at the Rashtrapati Bhavan in the national Capital.
Justice Gavai, the 52nd CJI, will have a tenure of over 6 months, and he will demit office on November 23, 2025.
On April 29, the Centre cleared the appointment of Justice Gavai to the highest judicial office of the country after then CJI Sanjiv Khanna had recommended him as his successor last month.
"In exercise of the powers conferred by Clause (2) of Article 124 of the Constitution of India, the President is pleased to appoint Shri Justice Bhushan Ramkrishna Gavai, Judge of the Supreme Court, to be the Chief Justice of India with effect from 14th May, 2025," had said a notification issued by the Union Ministry of Law and Justice.
Justice Gavai was elevated as a Judge of the Supreme Court on May 24, 2019.
In the last six years, he was a part of around 700 Benches dealing with matters pertaining to a variety of subjects, including constitutional and administrative law, civil law, criminal law, commercial disputes, arbitration law, electricity law, education matters and environmental law.
He has authored around 300 judgments, including that of the Constitution Bench on various issues, upholding the rule of law and safeguarding the fundamental rights, human rights and legal rights of citizens.
Appointed as Additional Judge of the Bombay High Court in November 2003, Justice Gavai became a permanent Judge in November 2005.
Before elevation to the Bench, he practised in constitutional law and administrative law, and acted as Standing Counsel for Municipal Corporation of Nagpur, Amravati Municipal Corporation, and Amravati University.
He was appointed as Assistant Government Pleader and Additional Public Prosecutor in the Bombay High Court, Nagpur Bench in August 1992 and served till July 1993.
He was appointed as Government Pleader and Public Prosecutor for the Nagpur Bench on January 17, 2000.
Son of former Bihar Governor R.S. Gavai, Justice Gavai also took pride in the fact that he would be the first Buddhist CJI of the country.
"My father had embraced Buddhism along with Baba Saheb Ambedkar. I will become the first Buddhist Chief Justice of the country," he said.
Asserting that he believes in all religions, Justice Gavai said, "I go to temples, dargahs, Jain temples, gurudwaras everywhere."
In the apex court, Justice Gavai, a part of the 7-judge Constitution Bench dealing with the question of whether a sub-classification among reserved category groups for giving more beneficial treatment would be permissible under the Constitution, suggested the application of the "creamy layer" principle to the Scheduled Castes (SCs) and Scheduled Tribes (STs) for availing benefits of affirmative action.
In his detailed opinion, Justice Gavai said: "When the 9-Judge Bench in Indra Sawhney held that applicability of such a test (creamy layer test) insofar as Other Backward Classes are concerned would advance equality as enshrined in the Constitution, then why such a test should not also be made applicable to the Scheduled Castes and Scheduled Tribes."
"Can a child of IAS/IPS or Civil Service officers be equated with a child of a disadvantaged member belonging to Scheduled Castes, studying in a Gram Panchayat/Zilla Parishad school in a village?" he asked.
Justice Gavai said putting the children of the parents from the SCs and STs who, on account of the benefit of reservation, have reached a high position and ceased to be socially, economically and educationally backward and the children of parents doing manual work in the villages in the same category would defeat the constitutional mandate. (IANS)
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