Chief Justice Gavai bids farewell to SC after four decades in judiciary

Overwhelmed by rich tributes on his last working day, Chief Justice of India Bhushan Ramkrishna Gavai on Friday said he was leaving the institution "with a full sense of satisfaction and contentment" and as a "student of justice" on concluding four decades of journey as a lawyer and a judge.

In another farewell function held by the Supreme Court Bar Association (SCBA) in the evening, the 52nd CJI recalled the ire that he faced from his own community for one of his judgments in which it was held that the creamy layers among the Scheduled Castes (SCs) can also be denied the reservation benefits in admissions and jobs.

"Being an ardent student of the Constitution, the virtues of equality, justice, liberty and fraternity were always close to my heart," he said.

The CJI, who would demit office on November 23, a Sunday, justified his recent landmark verdict quashing key provisions of the 2021 Tribunals Reforms law saying independence of the judiciary is the basic structure of the Constitution and freedom of tribunals cannot be compromised.

Recalling his journey from a humble background and lesser-known place at Amravati to the top court, CJI Gavai, the first Buddhist and second Dalit head of the Indian judiciary after K G Balakrishnan said that the Constitution and the values of his parents made it possible.

"I am very satisfied with the journey which started 40 years ago," the CJI said, while recalling the incidents and cases which he dealt with in his career.

"I made an example of how a son of a senior IAS officer studying in Delhi at a premier school can be made to compete with the son of an agriculturist. My law clerk, whose father is a senior IAS officer, said from now on he will not take any benefit given to the Scheduled Castes. That young boy understood what politicians fail to understand for reasons best known to him," he said.

CJI-designate Justice Surya Kant will succeed Justice Gavai on November 24.

Justice Surya Kant was effusive in his praise for the outgoing CJI and termed him "more than a colleague" and "brother".

"He was more than a colleague he was my brother and a confidant, and a man of immense integrity," Justice Surya Kant said in the forenoon in the proceedings of the ceremonial bench.

"He handled cases with patience and dignity. He encouraged young lawyers. His firmness was always laced with humour Not a single day went by when he didn't threaten an insistent lawyer with costs but he never imposed one," he said.

During the farewell proceedings in the forenoon before the ceremonial bench that also comprised CJI-designate Surya Kant and Justice K Vinod Chandran, the CJI said, "After listening to all of you, and particularly the poems of Attorney General (R Venkataramani) and Kapil Sibal and the warm sentiments expressed by all of you, my voice is choking with emotions."  "When I leave this courtroom for the last time, I leave this court all with full sense of satisfaction, the full sense of contentment that I have done whatever which I could have done for this country Thank you. Thank you very much," a visibly emotional Gavai said in the courtroom packed with law officers, senior advocates and young lawyers.

The proceedings saw colleagues reminiscing the imprint Justice Gavai, the second Dalit after K G Balakrishnan and the first Buddhist CJI, left on the judiciary.

"I always believe that everybody, every judge, every lawyer, is governed by the principles on which our Constitution works that is equality, justice, liberty and fraternity and I tried to discharge my duties within the four corners of the Constitution that is so dear to all of us," he said.

Justice Gavai, who was sworn in on May 14 for over a six-month tenure as the CJI, would demit office on November 23, a Sunday, and Friday was his last working day.

Reflecting on his journey, the CJI said, When I joined the (legal) profession in 1985, I entered the school of law. Today, as I demit the office, I do so as a student of justice."  He described his over 40-year journey, from a lawyer to a high court judge to a Supreme Court judge and finally the Chief Justice of India as "deeply satisfying".

Every public office, he said, must be viewed not as one of power but as "an opportunity to serve society and the nation".

Referring to his admiration for Dr B R Ambedkar and his father, a politician who was a close associate of the Constitution's chief architect, he said his judicial philosophy was shaped by Ambedkar's commitment to social, economic and political justice.

"I always tried to balance fundamental rights with the Directive Principles of State Policy," he said, noting many of his judgments strived to harmonise constitutional freedom with the needs of sustainable development and environmental protection.

Quoting the judicial principle that "a judge must not alter the material but may iron out the creases", Gavai said it was a guiding philosophy throughout his tenure.

He noted that environmental matters have been close to his heart and spoke about his long association with environmental, ecological and wildlife issues.

"In all these years, I tried to protect the rights of citizens while ensuring that the environment and wildlife were preserved," he said.

Solicitor General Tushar Mehta recalled meeting him as a puisne judge and said, "You never changed as a human being.