New Delhi: In 2001, B.R. Gavai was invited by the Bombay High Court collegium to consent to his elevation as a judge. With 16 years of practice under his belt already, the proposal to switch to the Bench was a welcome one. Moreover, given that he hailed from a humble background and was raised with stories about B.R. Ambedkar, he did not think twice before consenting.
He felt his appointment to the Bench would exemplify the benefits of affirmative action promised in the Constitution, and showcase how it provided an opportunity for him, a Dalit person, to demonstrate his merit in the legal profession, say those who have worked with him.
The next two years, however, proved difficult as the proposal for his elevation remained stuck between the Supreme Court collegium and government, making him doubt his decision to move from the Bar to the Bench.
Keen to put an end to this uncertainty, he decided to withdraw his name from the list of shortlisted candidates for HC judgeship. However, his father stopped him, he reminded him of Ambedkar’s arduous journey, and counselled him to show more patience. As a judge, his father said, he would realise the vision of constitutional framers to foster inclusivity and equality.
Cut to 2024 and Justice B.R. Gavai has emerged as a formidable, independent voice in the Supreme Court. In line to become Chief Justice of India in May 2025, Gavai would be the second Dalit, after former CJI K.G. Balakrishnan, to hold the top judicial post in India’s history. Justice Balakrishnan served as the CJI from 2007 to 2010.
His latest order granting bail to former Deputy Chief Minister of Delhi, Manish Sisodia, in the anti-money laundering case related to the Delhi Excise scam has been hailed as a landmark ruling that keeps an individual’s liberty at a higher pedestal, notwithstanding the nature of allegations they face. Rooted in the constitutional mandate for a speedy trial, the verdict criticised lower courts for their cautious stance that leads to judicial backlogs.
Justice Gavai authored the judgment that was pronounced by a two-judge bench led by him. It largely revolved around the Constitution and legal statutes.
“This is typically Justice Gavai. He never believes in writing poetic order. He is the most authoritative and practical judge, someone who has never hesitated in passing orders, taking a view against the government or even the high court on the administrative side,” said a former law clerk who is now practising in SC.
Justice Gavai got elevated to the top court in May 2019, superseding a few other HC judges who were senior to him in terms of their appointment.
A former Supreme Court judge, who was part of the collegium that chose him for elevation in 2001, said that a combination of factors were weighed when Gavai’s name was selected.
“There hadn’t been a Chief Justice of India from his community since Justice Balakrishnan retired. He could not have become the CJI if he was brought in later, in terms of the seniority principle,” the judge said.
He, however, added that the fact that he came from a community which did not have adequate representation in the top court did not overshadow his merit as a judge. “On merit, he fully deserved being on the SC,” the judge said.
His family
“Do all the good you can, by all the means you can, in all the ways you can, in all the places you can, at all the times you can, to all the people you can, as long as ever you can” — John Wesley
This famous quote from the 18th century by the English cleric and theologian, the former law clerk quoted earlier told ThePrint, has served as an inspiration for the judge ever since he started practicing.
He recalled how Gavai was dedicated to helping even those who had been ungrateful to him in the past, despite the judge striving to solve their problems.
Born on 24 November, 1960, in Maharashtra’s Amravati, the judge comes from humble beginnings. His father, Ramkrishna Suryabhan Gavai, was then a noted social activist. He later entered active politics. Gavai senior — known as Dadasaheb to his followers — was closely associated with Ambedkar and even founded the Ambedkarite outfit Republican Party of India (Gavai).
R.S. Gavai served as chairman of the legislative council in Maharashtra for 15 years and was also a Member of Parliament for one term. Between 2006 and 2011, the Congress-led UPA government at the Centre appointed him as governor of Bihar, Sikkim and Kerala.
As Kerala Governor, Gavai senior permitted the Central Bureau of Investigation (CBI) to initiate prosecution proceedings against Pinarayi Vijayan, now Kerala CM, in the SNC-Lavalin case related to alleged corruption in a contract to modernise hydropower infrastructure in the state. In doing so, he went against the recommendation of the state cabinet led by then Chief Minister V.S. Achuthanandan.
According to one of his colleagues from the Nagpur bench of the Bombay HC, Justice Gavai chose law as his career because it was his father’s unfulfilled dream.
“He did not follow his father’s footsteps to join politics, but took a different path, the one that his father always wanted to take. His father had taken up law, but could not complete it. And that is how Justice Gavai was encouraged to join the legal profession, even though his elder brother opted for politics,” the colleague told ThePrint.
Justice Gavai’s brother Rajendra Gavai had joined hands in 2009 with Ramdas Athawale, the current Union Minister for Social Justice and Empowerment, as an attempt was made to revive RPI by bringing together the various factions of the party. Owing to differences the two leaders split, with Athawale-led group aligning with the BJP.
‘Fearless and decisive’
Justice Gavai practiced in Mumbai from 1985 to 1987 and then shifted to the Nagpur bench. He became assistant government pleader in 1992-93. Later on, in 2000, he was offered the post of government pleader there.
The principles of Ambedkar, ingrained in his upbringing, continue to inform his speeches and judgments. He often cites Ambedkar and has, on numerous occasions, credited him for his rise. “It is solely due to Dr B.R. Ambedkar’s efforts that someone like me, who studied in a semi-slum area at a municipal school could attain this position,” he once said while delivering a talk on the Constitution’s transformative impact on citizens.
Justice Gavai’s opinion in the sub-categorisation of SCs/STs judgment drew extensively from Ambedkar’s views on social justice equality and upliftment of disadvantaged groups. He used them as foundation to support his colleague Chief Justice of India’s view that allowed sub-classification within the reserved categories for granting separate quotas to those who are more backward among them.
A firm believer in the judiciary’s role as the custodian of the Constitution and final arbiter of justice, Justice Gavai has never bothered about public reactions to his judgments.
“In today’s times when there are grim chances of getting bails in courts, he has never shied away from taking strong views in serious matters,” said the former clerk.
Senior Supreme Court advocate Sunil Fernandes echoed similar views. “He is as fearless and decisive a judge you can get,” he told ThePrint.
Another senior supreme court advocate Rishi Malhotra added, “He understands the nuances of a law, particularly criminal, quickly and efficiently. He only believes in administering justice, irrespective of who appears.”
The most important facet of Justice Gavai’s judicial temperament is that he never sees a litigant with suspicion or prejudice. His judgments abide by the constitutional promise of protecting liberty of individuals
This was displayed when a bench led by him gave relief to activist Teesta Setalvad in a case of alleged fabrication of evidence related to the 2002 post-Godhra riots in Gujarat. In July 2023, a Justice Gavai-led three-judge bench set aside the Gujarat High Court order that directed Setalvad to surrender in view of the filing of the chargesheet in the case. The bench observed since the chargesheet has been filed against her, no custodial interrogation is needed.
In the matter related to CBI probe in the cases of land grabbing and sexual assault in Sandeshkhali, West Bengal, a bench headed by him rejected state government’s plea to stop the investigation. But in another case, he rejected the Centre’s challenge to West Bengal’s suit in which the state alleged that CBI has been employed to probe cases within its jurisdiction without its consent.
The former top court judge quoted above said Justice Gavai’s judgments “reflect a deep understanding of constitutional law, civil liberties, and social justice issues. He has never shied away from revealing his association and family background. His life is like an open book”.
During the hearing of Congress leader Rahul Gandhi’s appeal, challenging Gujarat High Court’s refusal to stay his conviction in the criminal defamation case, Justice Gavai had offered to recuse himself from the case due to his father and brother’s political background. One of the lawyers who appeared in the case told ThePrint: “Even though his father was not directly associated with the Congress, the judge felt it was important to inform the lawyers in the case to give a fair hearing to them.”
Justice Gavai’s bench would then give relief to Gandhi as it stayed the jail term of two years, observing that the lower court, which sentenced him, had not given any reasons for handing down the maximum sentence of two years which led to his disqualification from Parliament. The stay order led to the revocation of Gandhi’s disqualification as a Lok Sabha member.
Gavai’s colleague in Nagpur HC Bar quoted earlier, vouched that despite his background, Justice Gavai has never sought additional benefits or privileges. “Rather he has always advocated the need to draw distinction between haves and have-nots from within the community to which he belongs. This is not only because it is the correct position of law, but also due to his practical experiences,” he said.
And, this was evident in his opinion that he authored in the sub-classification for SC/ST case in which he advised the Centre to extend the creamy layer concept even to SC/ST. Currently, this principle is applicable only to quotas for Other Backward Classes (OBCs). His views got support from his three colleagues who were part of the five-judges constitution bench that delivered the judgment.
Justice Gavai’s thoughts on this sensitive issue are heavily influenced by his personal experiences.
The former clerk recalled how the judge during his tenure in Bombay HC, particularly when he was posted to the Nagpur bench, met the staff there after completing his court work.
“These people did not belong to a particular segment but came from all backgrounds and they came to get their personal issues resolved. He helped many of them overcome administrative issues such as delays in getting government accommodation or medical reimbursement. On the last day of his assignment in Nagpur, before he came to the Supreme Court, he received a warm farewell from the staff who stood outside his chambers to meet him,” the former clerk said. What astonished him more was that the judge remembered every employee by their name and even details about their families.
Justice Gavai’s memory is one of the highlights even in the Supreme Court. “He can in a matter of seconds tell you what was argued before him even 10 years ago,” said senior SC advocate Shoeb Alam.
Shaping young minds, India’s legal landscape
Another quality that has won him many admirers in the Bar is that he is more indulgent towards young lawyers, Alam adds. He shares his own experience when he made his first appearance before Justice Gavai in 2009 in Aurangabad.
“It was my first outstation appearance in the first five years of my legal career and I was extremely anxious. He perceived this and during the entire hearing he encouraged me and also accommodated me by sitting beyond court hours to hear the matter. Later he asked the local lawyer to treat me as a guest and take me around. Though I lost the matter, his encouraging words have always helped to stay afloat whenever I am on a brink of disillusionment,” Alam reminisces.
His colleagues Fernandes and Malhotra couldn’t agree more. “There is one admirable trait, rare among judges, that he possesses. He is stricter and the margin of error in his court is a lot less for senior advocates compared to junior lawyers or those relatively new. He fosters life-long confidence in the younger members of the bar,” Fernandes said.
Malhotra added: “He comes across as an unassuming judge, one who with his intelligent wit gives relief, without being influenced by who appears before him.”
Even as a lawyer, Justice Gavai promoted junior advocates. When he was appointed as Maharashtra government pleader, he accepted it on one condition, which was to let him choose his own team of assistant government pleaders. “He earmarked young promising juniors to assist him,” the judge’s colleague from Nagpur told ThePrint.
Ever since he joined the Supreme Court, Justice Gavai has delivered verdicts, individually as well as part of larger benches, that have dealt with varied subjects, ranging from civic bylaws to service matters.
“His contributions continue to shape the Indian legal landscape significantly,” the former apex court judge said.
In July 2023, a Justice Gavai-led bench dismissed a petition that challenged Delhi Special Police Establishment (DSPE) Act and Central Vigilance Commission (CVC) Act laws that allowed the government to extend the tenure of ED director up to one year at a time. However, at the same time the bench declared the extension granted to the then ED director Sanjay Kumar Mishra for a period one year each as illegal, since it violated an earlier SC ruling that dealt with his appointment.
Justice Gavai has also made enormous contributions to environmental jurisprudence. As a head of a special bench, he has disposed of more than 400 applications concerning forest areas. In a strongly-worded order he recently suspended mining activites in prohibited forest area, but let permitted activities continue in that zone under strict supervision.
Advocates who have appeared before him maintain that Justice Gavai is never deterred by the volume or the size of the file. “He has the capacity to decide matters in a very very swift manner,” Malhotra said.
According to Alam, Gavai is a “textbook example” of the benefits of affirmative action. “He’s a man with immense intellect. Because of the affirmative action his merit could be showcased,” he said.
(Edited by Zinnia Ray Chaudhuri)
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Ms. Bhadra Sinha’s unhealthy obsession with Ambedkar continues.
Her reporting on legal matters reeks of political partisanship. She seems to be a part of the Left-liberal cabal and, more often than not, champions the cause of utterly corrupt and devious political leaders.