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Justice B.R. Gavai set to take office as CJI: Overview of his 5 recent landmark judgments

Bhushan Ramkrishna Gavai has been appointed as the 52nd Chief Justice of India (CJI), with his term commencing on May 14, 2025. President Droupadi Murmu approved his appointment, following the recommendation of the outgoing CJI, Sanjiv Khanna, who will retire on May 13.

Justice Gavai will serve a tenure of approximately six months, concluding on November 23, 2025, upon attaining the age of 65.

Born on November 24, 1960, in Amravati, Maharashtra, Justice Gavai began his legal career in 1985.

He was appointed as a judge of the Bombay High Court in 2003 and elevated to the Supreme Court in 2019. Justice Gavai is notable for being only the second Dalit to hold the office of Chief Justice of India, following Justice K.G. Balakrishnan.

Here are his five key judgments in recent years:

Bulldozer Demolitions and Rule of Law (November 2024)

In this landmark ruling, Justice Gavai strongly condemned the practice of “bulldozer justice,” where properties were demolished without due process, often targeting individuals simply accused or convicted of crimes. The court emphasized the importance of following legal procedures and not allowing arbitrary demolitions. “The bulldozer cannot be the instrument of justice. The law exists to protect the rights of the accused and the innocent alike. No citizen shall lose their home or property without a fair hearing and a lawful order from the judiciary,” Justice Gavai said.

This judgment reinforced the necessity of upholding the rule of law and due process, setting strict guidelines for demolitions, including providing compensation for families whose homes were unjustly demolished.

Sub-Classification of SCs and STs for Reservations (August 2024)

In a significant case regarding affirmative action, Justice Gavai upheld the sub-classification of Scheduled Castes (SCs) and Scheduled Tribes (STs) for the purpose of reservations. This judgment ensured that the benefits of affirmative action were more equitably distributed among the most marginalized members of these communities. Pronouncing the judgement, he said, “Reservation is not a charity, but a mechanism for social justice. It is imperative that the benefits reach those who have been deprived and excluded from opportunities for generations. The law must ensure that only those who need support the most receive it.”

This ruling affirmed the state’s responsibility to identify and exclude the “creamy layer” within these communities, ensuring the policy’s effectiveness in reaching those most in need.

Kancha Gachibowli Forest Area Protection (April 2025)

Justice Gavai led a bench that intervened in the case of deforestation in the Kancha Gachibowli forest near the University of Hyderabad. The court halted the felling of trees and directed authorities to protect the area, emphasizing its vital role in biodiversity conservation. He remarked, “Nature does not belong to us; we belong to nature. The destruction of our forests is not merely an environmental issue, but a moral and constitutional one. The courts must act as guardians of the environment, ensuring that future generations inherit a planet that is capable of sustaining life.”

This judgment set an important precedent for the protection of ecologically sensitive areas, stressing the importance of environmental conservation in line with India’s constitutional duties to preserve natural resources.

Upholding Sub-Classification of SCs and STs for Reservations (2024)

In a landmark judgment, Justice Gavai upheld the constitutionality of sub-classification within the Scheduled Castes (SC) and Scheduled Tribes (ST) categories for the purpose of reservations.

He emphasized the necessity of identifying and excluding the “creamy layer”—the more affluent and socially advanced members—within these communities from the benefits of affirmative action. This decision allowed state governments to create sub-quotas to benefit the more marginalized sub-groups within these communities.

Justice Gavai argued that this exclusion is essential to ensure that the benefits reach the truly disadvantaged members of these communities.

He cited Dr. B.R. Ambedkar’s vision that political democracy cannot endure without a foundation of social democracy, underscoring the importance of equitable distribution of opportunities.

Protection of Fundamental Rights in Labor Disputes (2023)

In the case concerning labor rights, Justice Gavai made the following powerful statement:

“The right to work and the right to be treated fairly are fundamental to a just society. Employers, irrespective of their stature, cannot be allowed to exploit workers under the guise of contractual arrangements. The legal framework exists to ensure that those who contribute to the economy are not deprived of their basic human dignity.”

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