Fresh breeze of Indianness in judgments after you took over as CJI: SG Tushar Mehta lauds CJI BR Gavai

Chief Justice of India BR Gavai infused a spirit of Indianness in the Court's judgments, Solicitor General Tushar Mehta said on Friday, lauding the outgoing CJI.

CJI Gavai is slated to retired on November 23 with Friday being his last working day. He was sitting on ceremonial Bench along with incoming CJI Surya Kant when SG Mehta praised the contributions of both the judges.

“After you took over as CJI and with Justice Surya Kant a fresh Breeze of Indianness has started flowing in the judgments,” Mehta said.

Responding to this, the CJI pointed to the method adopted in the Court's Constitution Bench ruling on powers of Governor.

“In the Governor judgment, we did not use a single foreign judgment and we used Swadesi interpretation,” the CJI said.

The Solicitor General then expanded on the distinction the Court had drawn between Indian and foreign legal systems, noting,

“You said American interpretation is different and the Crown system of Britain is different and we have our own jurisprudence, and the Constitution Bench judgment in 110 pages answering it all is a new thing. Judgment should be a judgment and not an article for a law review.”

The SG Tushar Mehta also noted that the CJI had continuously encouraged younger members of the profession and interacted with the Bar in an open manner.

He said that the CJI had demonstrated that an institution is maintained not only by decisions but also by a collective spirit and that he was able to discern between what is essential and what is trivial.

Attorney General R Venkataramani referred to the meaning of the CJI’s name in Marathi while speaking about his contribution to the institution.

“In Marathi, Bhushan has a nice meaning like alankar, meaning adornment. Like when you were born you brought alankar to your family, this institution and to the world of law and justice,” he said.

Supreme Court Bar Association President Vikas Singh spoke about the CJI’s approach to personal security, noting the stand he had taken in the past.

“You had said that you do not take security in your own village and you had once said that if someone is killing me in my village then I do not deserve to live. This I will remember, especially for an office which needs that much of security,” Singh said.

Senior Advocate Kapil Sibal also spoke about how the Court’s composition and character have changed across the decades, recalling the "elitist" institution he first encountered in the 1970s and contrasting it with the present Court composed of "Dhonis", a comparison with cricketer Mahendra Singh Dhoni who came from a small town in Jharkhand and wen on to captain the country.

“When I practiced here in the 1970s, it was an elitist court. There were fine judges but they were not Dhonis of today. Due to enormous social churning for the good, there has been a complete change of complexion in this Court. For a person like you to be the CJI, the nation must be proud of it. You recognised full diversity of the country and gave effect to it. We compliment you for that.”

Justice Surya Kant, who will assume office as the next Chief Justice, reflected on his long association with CJI Gavai and the way their professional journeys had unfolded together. He referred to the recollections shared during the farewell and said they captured the impact the CJI had on the institution.

Justice Surya Kant underlined the CJI’s approach to judging.

“He has always placed merit and excellence at the centre of judicial philosophy and worked tirelessly to cultivate the same,” Justice Kant said.

He added that proceedings under him never became disorderly and that his convictions were firmly held and rooted in a deep moral anchor.

CJI Gavai in his closing remarks said," I always believed that every office is not an office of power but an opportunity to serve the nation."

He said Dr BR Ambedkar and his father guided his understanding of justice, and that he tried to balance fundamental rights with directive principles whenever possible. He added that judges and lawyers are bound by core principles of the profession and that he always regarded the "Bar" as his teacher.

"I demit office with full sense of satisfaction and contentment for what I have done for this country and the institution," he said.

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