CJI Gavai justifies Tribunal verdict, says independence of judiciary can't be compromised

New Delhi, Nov 21 (PTI) Chief Justice of India B R Gavai on his last working day at the Supreme Court justified his recent landmark verdict quashing key provisions of 2021 Tribunals Reforms law, saying independence of the judiciary is the basic structure of the Constitution and freedom of tribunals cannot be compromised.

In his farewell address in a programme organised by the Supreme Court Bar Association (SCBA), the 52nd CJI, who would be demitting office on November 23, a Sunday, said that the tribunal reforms law had provisions which adversely impacted the independence of the judiciary.

Recalling his journey from a humble background and a 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.

CJI Gavai said that being an ardent student of the Constitution, the virtues of equality, justice, liberty, and fraternity were always close to my heart and recalled that his judgment which said that the creamy layer exclusion principle should be made applicable to the Scheduled Caste also drew a lot of criticism even from his community.

"I am satisfied and content. Though one of my judgments has been criticised I didn't respond to the criticism or answer it since my work over three years stands as testament to it," he said.

On the creamy layer verdict, the CJI said, "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. After my judgment, 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 them." He added, "I ask myself whether a person from a tribal area belonging to a Scheduled Caste category and having no means for higher education, can be made to compete with my son, who, because of his father's office, is entitled to the best of education." In conclusion, CJI Gavai said that he would like to work for the tribal community in his area as they are very close to him.

CJI Gavai, who was given a standing ovation for his contribution to the judiciary by lawyers present in the programme, said that the bar and bench are two wheels of the golden chariot of the judiciary.

CJI-designate Surya Kant was all praise for CJI Gavai and recalled his friendship and association saying they both were sworn in as apex court judges on the same day on May 24, 2019.

"He is steadfast, compassionate and unwavering in his dedication to constitutional values, preferring harmony and consensus over confrontation," Justice Kant said in his address.

Justice Kant, who will be sworn in as CJI on November 24, said CJI Gavai believed that institutions grow through dialogue, empathy and trust.

"Under his leadership, we witnessed a strengthening of institutional harmony, resolution of long-standing problems and a culture of respect and mutual assurance among all stakeholders," he said.

Addressing the bar, Justice Kant said, "Expectations are high because your role is foundational. Your integrity and commitment to constitutional duty, shape, not just outcomes, but the character of the goal itself." He assured the bar that their concerns will be heard and their suggestions will be welcomed.

Justice Gavai was elevated as an additional judge of the Bombay High Court on November 14, 2003. He became a permanent judge of the high court on November 12, 2005.

He became an SC judge on May 24, 2019. He joined the bar on March 16, 1985 and was the standing counsel for the Municipal Corporation of Nagpur, Amravati Municipal Corporation and Amravati University. PTI MNL MNL KSS KSS