Outgoing CJI Gavai backs collegium, Advocates creamy layer exclusion in SC Quota

Outgoing Chief Justice of India B.R. Gavai, in a candid interaction with journalists in New Delhi, articulated his strong support for the collegium system of judicial appointments, asserting that it remains essential to preserving the independence of the judiciary. As the 52nd Chief Justice of India, and the first Buddhist and second Dalit to head the judiciary after Justice K.G. Balakrishnan, he reflected on his tenure with “a full sense of satisfaction and contentment.”

Expressing his views on reservation, Justice Gavai called for the exclusion of affluent individuals commonly referred to as the creamy layer from the Scheduled Caste quota, arguing that affirmative action should be focused on those who are truly disadvantaged. He said this refinement would better serve the intended beneficiaries of the constitutional safeguards.

Justice Gavai also stood by the Supreme Court’s recent verdict on relaxing timelines for Governors to act on bills passed by state legislatures. He emphasized that the judgment was aimed at safeguarding democratic values and ensuring smoother legislative functioning, rather than undermining any constitutional authority.

One of his regrets, he admitted, was that no women judges were appointed to the Supreme Court during his tenure. He emphasized the need for greater gender representation in the judiciary and said it must remain a priority in future appointments.

Reiterating his long-held stance, Justice Gavai confirmed that he would not accept any post-retirement official assignments. “I made it clear when I took office that I am not going to accept any post-retirement official assignment. For the next 9-10 days, it's a cooling-off period. After that, a new innings,” he said.

As he prepares to demit office, Justice Gavai leaves behind a tenure marked by firm views on judicial independence, social justice, and institutional integrity.