What Does the Supreme Court's 'Swadeshi Interpretation' Mean for Indian Jurisprudence?
Synopsis
Key Takeaways
- Swadeshi Interpretation: A focus on Indian legal precedents.
- Judicial Shift: Emphasizing unique Indian jurisprudence.
- New Leadership: Justice Surya Kant to succeed CJI Gavai.
- Judgment Clarity: A concise 110-page ruling without foreign references.
- Respectful Farewell: A light moment during CJI Gavai's last day.
New Delhi, Nov 21 (NationPress) On November 23, Chief Justice of India (CJI) B.R. Gavai will conclude his tenure, and on Friday, he emphasized the “swadeshi interpretation” embraced by the Supreme Court in its recent commentary on the Presidential reference. This approach underscores the court’s inclination towards Indian precedents rather than foreign legal principles.
In response to Solicitor General Tushar Mehta’s observation that “a fresh breeze of Indianness has started flowing in the judgments”, CJI Gavai remarked: “In yesterday’s judgment, we did not reference a single foreign ruling and we employed a swadeshi interpretation.”
SG Mehta, the Central government's second-in-command legal advisor, noted that the 5-judge Constitution Bench has meticulously drawn a line between the American and British legal systems and India’s unique constitutional framework.
“Your lordships stated we possess our own jurisprudence, and the judgment addressed everything in merely 110 pages. This is a novel approach. A judgment should be a judgment and not merely an article for law review,” the Solicitor General articulated.
This discussion unfolded during ceremonial proceedings in Courtroom No. 1 of the Supreme Court, commemorating CJI Gavai’s final working day before his retirement.
Justice Surya Kant, who will assume the role of the 53rd Chief Justice of India on November 24, commended Justice Gavai for establishing “a high standard” and acknowledged his “unwavering commitment to the rule of law.”
Justice Gavai had previously recommended Justice Kant as his successor, adhering to the long-standing practice of appointing the senior-most judge of the Supreme Court as Chief Justice of India.
In a light-hearted moment that elicited laughter in the crowded courtroom, a lawyer attempted to shower flower petals on CJI Gavai in a gesture of respect. As he opened a packet to scatter the petals, Justice CJI Gavai promptly interjected from the Bench: “No, no, don’t throw… hand it over to someone.”