Particle.news
Download on the App Store

CJI Gavai Bids Farewell After Six-Month Tenure, Hails ‘Swadeshi’ Turn in Presidential Reference

He cast the court’s presidential‑reference opinion as a deliberate shift to India‑rooted constitutional reasoning.

Overview

  • On his last working day, Chief Justice B.R. Gavai received ceremonial tributes ahead of retiring on November 23, with Justice Surya Kant set to take charge on November 24.
  • Gavai said the Constitution Bench used a “swadeshi interpretation” in the advisory on bills, relying solely on Indian precedents rather than foreign judgments.
  • The court’s opinion affirmed discretionary space for Governors and the President under Articles 200 and 201 and rejected rigid judicial timelines or deemed assent for bills.
  • During his tenure, he led major rulings spanning environmental protection of the Aravalli landscape and Saranda forests, struck down key provisions of the Tribunals Reforms law, and stayed parts of the new waqf law while permitting post facto environmental clearances.
  • In farewell remarks, he emphasized service over power, collective decision‑making, and acknowledged criticism from his own community over supporting exclusion of the creamy layer within Scheduled Castes.