About Justice Bhushan Ramkrishna Gavai:
Born: November 24, 1960, in Amravati, Maharashtra
Legal Career: Began practicing law in 1985, specializing in Constitutional and Administrative Law
Judicial Appointments:
- Appointed as an Additional Judge of the Bombay High Court in 2003, later becoming a Permanent Judge in 2005
- Elevated to the Supreme Court of India on May 24, 2019
Appointment Overview:
- Successor to CJI Sanjiv Khanna: Justice BR Gavai, the senior-most Supreme Court judge, has been recommended as the next CJI by incumbent CJI Khanna, who retires on May 13, 2024.
- Oath Date: Justice Gavai will assume office on May 14, 2024, with President Droupadi Murmu administering the oath.
- Tenure: Born on November 24, 1960, Justice Gavai will serve as CJI until his retirement on November 24, 2025 (age 65), marking a tenure of approximately 1.5 years.
Background:
- Early Career: Enrolled as an advocate on March 16, 1985, in Maharashtra.
- Judicial Appointments:
- Became a permanent judge of the Bombay High Court on November 12, 2005.
- Elevated to the Supreme Court on May 24, 2019.
Landmark Judgments:
- Article 370 Abrogation (2023):
- Part of the unanimous 5-judge bench upholding the Centre’s 2019 decision to revoke Jammu and Kashmir’s special status.
- Electoral Bonds Scheme (2024):
- Key member of the 5-judge bench that struck down the anonymous political funding scheme, emphasizing transparency.
- Demonetisation (2023):
- Voted with the 4:1 majority to uphold the 2016 demonetisation of ₹500 and ₹1,000 notes.
- Sub-Classification of SCs (2024):
- On a 7-judge bench, supported the 6:1 majority allowing states to create sub-categories within Scheduled Castes for targeted reservations.
Notable Aspects:
- Judicial Philosophy: Demonstrated a balance between deference to executive decisions (e.g., Article 370, demonetisation) and upholding constitutional principles (e.g., electoral bonds, sub-classifications).
- Historic Significance: Will be the second Dalit judge to become CJI, following Justice K.G. Balakrishnan (2007–2010).
Contextual Notes:
- Timeline Clarification: The mention of CJI Khanna taking office in “November 2024” appears to be a typo; likely intended as November 2023 (as Khanna retires in May 2024).
- Name Correction: Reference to “Justice DY Bhushan Ramkrishna Gavai” seems conflated; likely refers to Justice D.Y. Chandrachud (previous CJI) or another jurist.
Conclusion: Justice Gavai’s appointment reinforces the seniority convention in India’s judiciary. His rulings reflect engagement with pivotal issues—constitutional autonomy, transparency, and social justice—shaping his legacy as a pragmatic and influential jurist.
UPSC-Focused Key Terms
About the Chief Justice of India (CJI)
- Qualifications of CJI: A person is eligible to be appointed as Chief Justice of India if they:
- Are a citizen of India.
- Have served as a Judge of a High Court for at least five years.
- Have been an advocate in a High Court for at least ten years.
- Are considered a distinguished jurist by the President of India.
Appointment of CJI
- The President appoints the CJI under Article 124(2) of the Constitution.
- The outgoing CJI recommends their successor based on seniority.
- The Union Law Minister forwards the recommendation to the Prime Minister, who then advises the President.
- As per the Second Judges Case (1993), the senior-most Supreme Court judge is appointed as the CJI.
Role and Powers of the CJI
- Master of the Roster: The CJI allocates cases to Supreme Court benches and decides the composition of benches.
- Head of the Collegium System: The CJI leads the Supreme Court Collegium, responsible for appointing and transferring judges.
- Administrative Authority: The CJI supervises court administration, staff appointments, and judicial proceedings management.
- Judicial Leadership: The CJI is first among equals and does not hold superior judicial power over other judges.
Removal of CJI or Judges
- A Supreme Court judge, including the CJI, can be removed by the President after an address by Parliament supported by a special majority.
- Grounds for removal (Article 124(4)):
- Proven misbehavior
- Incapacity
What is the Collegium System?
- A mechanism for appointing and transferring judges in the Supreme Court and High Courts.
- Not established by an Act of Parliament, but evolved through Supreme Court judgments (Judges Cases).
- For SC Appointments: CJI + four senior-most judges.
- For HC Appointments:
- HC-level Collegium: Chief Justice of HC + two senior judges.
- SC-level Collegium: CJI + two senior-most SC judges.
