Will Outgoing CJI Gavai Refuse Government Positions After Retirement?
Synopsis
Key Takeaways
New Delhi, Nov 23 (NationPress) Outgoing Chief Justice of India (CJI) B.R. Gavai, who concludes his term on November 23, firmly declared that he will not take on any governmental position post-retirement.
During a conversation with the press, CJI Gavai shared significant insights regarding judicial independence, reservation policies, social media influences, and the Supreme Court's recent stance on the Presidential reference.
Discussing his life after retirement, CJI Gavai stated his intention to take a brief "10 days of rest" before mapping out his future, while emphasizing that social service will remain a priority.
“Social work is ingrained in our ethos.. My focus will be on serving tribal communities,” he mentioned.
In advocating for modifications in the reservation system, CJI Gavai highlighted the necessity of applying the creamy layer principle to SC/ST quotas to ensure that affirmative action benefits those who truly require it.
Regarding the Justice Yashwant Varma matter, he refrained from commenting, noting that it is currently in the hands of Parliament.
When questioned about whether an FIR should be filed if cash is discovered at a judge's home or if such situations necessitate the CJI's consent, he again chose not to comment.
Expressing worry over the misinformation propagated by online platforms, the CJI remarked that social media has become “a dilemma” for the judiciary and other government branches.
“Statements we never utter are penned and displayed,” CJI Gavai noted.
“It’s inaccurate to assert that ruling in favor of the government implies a lack of judicial independence,” he countered, dismissing claims that a judge’s impartiality is compromised merely due to a ruling favoring the government.
Clarifying the Supreme Court's recent judgment concerning the Presidential reference on bills awaiting approval from Governors and the President, CJI Gavai explained that the Constitution Bench did not overturn any prior decisions made by a two-judge Bench.
“We have not negated the earlier ruling. Our goal was to clarify the constitutional stance for future references,” he articulated.
His comments followed a day after ceremonial proceedings where CJI Gavai emphasized the Supreme Court's adoption of a “Swadeshi interpretation” in its latest constitutional judgment.
Responding to Solicitor General Tushar Mehta's remark that “a new wave of Indian-ness has begun to permeate the judgments,” CJI Gavai stated: “In yesterday's ruling, we did not reference any foreign judgments and embraced Swadeshi interpretation.”
S-G Mehta, the second-highest law officer in the Centre, commended the Bench for effectively differentiating India’s constitutional framework from those of the American and British systems.
“Your lordships declared that we have our own jurisprudence, and the judgment addressed all matters in just 110 pages. This is indeed a fresh approach. A judgment should serve as a judgment, not an article for a law review,” he added.