Spotlight is a series where we shine the, well, spotlight on members of the legal fraternity who made the news over the past week..The week isn't over, but we can confidently say that the spotlight is definitely on Justice Bhushan Ramkrishna Gavai, who was sworn in as the 52nd Chief Justice of India (CJI) on Wednesday. Justice Gavai succeeds Justice Sanjiv Khanna and will serve as CJI until November 23, 2025.In a powerful moment resonating with constitutional symbolism and social justice, the newly appointed CJI responded to the greetings of lawyers at the Supreme Court with, “Jai Bhim,” a salutation historically associated with followers of Dr BR Ambedkar and the Dalit rights movement.Justice Gavai holds a unique place in India’s judicial history as the first Chief Justice from the Buddhist faith and only the second from a Scheduled Caste community after Justice KG Balakrishnan. Since its establishment in 1950, the Supreme Court has only had seven judges from Scheduled Castes or Scheduled Tribes..With landmark cases on his docket and a legacy of balancing individual rights with institutional integrity, expectations are high.Justice Khanna's tenure was marked by restraint in interactions with media and swift transparency in matters of judicial accountability, including the corruption controversy surrounding Justice Yashwant Varma.Can we expect to see the same from Justice Gavai?The new CJI has, on several occasions, called for greater judicial accountability to address any deficit in the public trust in judicial institutions. He has also cautioned judges against publicly praising politicians, while also emphasising that the judiciary must stand independent from both the legislature and the executive..Despite his commendable contributions, Justice Gavai's career has not been without controversy. In a speech addressing the issue of "freebies," he remarked that such policies were creating a "class of parasites" unwilling to work. This statement drew significant criticism from civil society, with over 300 citizens signing an open letter condemning the remarks as reflective of an anti-poor bias.However, his predecessor believes that the top court will be in firm hands under Justice Gavai's stewardship. How he navigates the top court over the next half year or so will be interesting to watch..CJI-designate BR Gavai reveals his priorities over the next 6 months [Read interview].A native of Maharashtra’s Amravati district, Justice Gavai is the son of late RS Gavai, a former Governor of Bihar, Kerala and Sikkim, and a prominent leader of the Republican Party of India.After registering as an advocate in 1985, he started practising primarily before the Nagpur Bench of the Bombay High Court. During different points in his career as a lawyer, he served as a lawyer for the Maharashtra government.His journey on the Bench began in 2003, when he was appointed as a judge of the Bombay High Court, a role he fulfilled for 16 years before being elevated to the Supreme Court in May 2019..Justice Gavai has authored over 200 judgments, with a significant focus on criminal law, service matters and environmental issues. He has also been part of important Constitution Benches which have decided key issues.Justice Gavai was part of the five-judge Constitution Bench which struck down the Central government's Electoral Bonds scheme as unconstitutional.He was also part of the Constitution Bench which upheld the Union government's 2016 demonetisation policy, emphasising the necessity of executive consultation with the Reserve Bank of India and the proportionality of the measure.More recently, Justice Gavai was part of a five-judge Bench which held that the Supreme Court can modify arbitral awards using Article 142 of the Constitution.Justice Gavai's concurring opinion in the seven-judge Constitution Bench judgment permitting sub-classification within Scheduled Castes and Scheduled Tribes for reservation purposes copped some criticism. He called for the identification of a creamy layer among these categories to take them out of the fold of affirmative action. Critics argued that this was beyond the scope of the case and could potentially undermine affirmative action policies.Apart from Constitution Bench cases, Justice Gavai authored a crucial judgment tackling the issue of 'bulldozer justice'. The verdict held that State authorities cannot determine the guilt or innocence of an accused person and demolish the house of such person as punishment.He also headed the Bench which granted bail to Aam Aadmi Party (AAP) leader and former Deputy Chief Minister of Delhi Manish Sisodia in the Delhi excise policy case. In its verdict, the Court criticised the trend of trial courts and High Courts playing it safe when it comes to granting bail even in straightforward cases..Constitutionality of Waqf (Amendment) Act, 2025A Bench led by Chief Justice Gavai is scheduled to hear a batch of petitions challenging the Waqf (Amendment) Act, 2025 on May 15. The Act has faced criticism for allegedly infringing upon religious freedoms and property rights. The Centre has defended the legislation, emphasising its constitutional validity and opposing any blanket stay. Given the Act's implications on religious and property rights, the Court's decision will be closely watched..Pre-election freebies and other electoral reformsJustice Gavai has expressed his intent to expedite hearings on Public Interest Litigation (PILs) that challenge the practice of political parties offering freebies ahead of elections. Critics argue that such promises can distort electoral fairness and strain public finances. The Supreme Court's examination of this issue could redefine the boundaries of permissible electoral promises.Cases focusing on enhancing transparency in political funding and ensuring fair electoral practices are also pending before the top court. .Powers of the SpeakerOne of the key cases pending before Justice Gavai is the consideration of the top court's 2016 judgment in Nabam Rebia v. Deputy Speaker, which limited the powers of the Speaker in disqualifying legislators during a no-confidence motion. This decision in this case could have significant implications for the balance of power between the legislature and the judiciary..Guidelines for search and seizure of digital devicesIn the case of Foundation for Media Professionals v. Union of India, the Court is expected to establish guidelines governing the search and seizure of digital devices. This decision will have far-reaching consequences for digital privacy and law enforcement protocols..Reservation in promotionThe Court is deliberating on the issue of reservation in promotions for Scheduled Castes and Scheduled Tribes in government jobs. The outcome will impact affirmative action policies and the representation of marginalised communities in public employment.
