In a milestone development for India’s judiciary, Justice Bhushan Ramkrishna Gavai will swear in as the 52nd Chief Justice of India on May 14, 2025, becoming only the second Dalit to hold the top judicial position in the country.
President Droupadi Murmu confirmed the appointment of Justice Gavai on April 29, on the recommendation of outgoing CJI Sanjiv Khanna. Age 64, Justice Gavai assumes this high office with not only legal acumen but also a visionary thought of transforming India’s reservation policy to be more just.
The Man Behind the Path-Breaking “Quota Within Quota” Judgment Justice Gavai recently shocked many in India’s social justice system by becoming a lead voice in the historic 6:1 Supreme Court ruling nullifying the 2004 EV Chinnaiah judgment to enable sub-classification within Scheduled Castes and Scheduled Tribes for reservation.
“The children of an SC category individual who has obtained the privilege of reservation can’t be placed at the same pedestal as the children of one who hasn’t taken advantage of reservation,” Justice Gavai ruled in his forceful 281-page verdict. His open-minded approach goes against decades of reservation policy enforcement, requesting that a “creamy layer” even amongst SC/ST people should be identified so that benefits can reach the most downtrodden.
“The state will have to develop a policy of identifying the creamy layer even from the Scheduled Castes and Scheduled Tribes so that they may be kept out of the privilege of the affirmative action,” he wrote, going on to say emphatically: “Only this and this alone can bring true equality as provided under the Constitution.”
Legal analysts view this verdict as arguably the biggest change in India’s affirmative action model since its establishment, with Justice Gavai as its intellectual architect.
Shattering the Homogeneity Myth
Central to Justice Gavai’s groundbreaking approach is his rejection of the age-old premise that Scheduled Castes and Scheduled Tribes are homogeneous communities. The majority ruling, which he was a vigorous advocate of, stressed that historical records indicate the “depressed class” was never a monolithic entity.
“SC-ST members are usually unable to climb the ladder because of systemic discrimination,” observed Chief Justice Chandrachud in the majority verdict that was influenced by justice by Justice Gavai. “Article 14 allows sub-classification of caste; the court has to verify whether a class is homogeneous, and a class not integrated for a purpose can be subclassified.”
This acknowledgement of heterogeneity among marginalised groups is a paradigm shift for how India’s reservation system could potentially operate in the future. Justice Gavai’s stance was shared by Justice Vikram Nath, who was in agreement with the notion that “the creamy layer principle as applicable to OBCs also applies to the SCs.”
Socio-Economic Caste Census: Vision Reality
Justice Gavai’s judicial vision seems to be falling in line with government policy, as Union Minister Ashwini Vaishnav announced a few days ago that India will conduct a comprehensive socio-economic caste census. This is a significant step towards actualising the sub-classification method advocated by Justice Gavai in his historic judgment.
The forthcoming socio-economic caste census will give the empirical basis on which, to make Justice Gavai’s vision of targeted reservation a practical proposition. This information will be necessary for determining the true ‘cream’ in disadvantaged groups and making benefits reach those who need it most.
The timing of Chief Justice Gavai’s promotion to this position has the government initiating preparations for this census and creates a rich alignment of judicial theory and administrative practice. Legal scholars expect that census methodology and implementation-related cases will come to the Supreme Court under his watch, potentially enabling him to directly influence how his own judicial thought gets translated into policy.
From Maharashtra to Making History
Born in Amravati, Maharashtra in 1960, Justice Gavai’s ascension embodies the promise of India’s democratic constitution. Having joined the Bar in 1985, he established himself in constitutional and administrative law before becoming a permanent judge of the Bombay High Court in 2005 prior to being elevated to the Supreme Court in 2019.
Early in his career, he served as Standing Counsel to Municipal Corporation of Nagpur, Amravati Municipal Corporation, and Amravati University. In 1992, he became Assistant Government Pleader and Additional Public Prosecutor of the Nagpur bench of the Bombay High Court, gaining consistently expertise in matters of a constitutional nature which were later to mark his jurisprudence.
The importance of his appointment cannot be overemphasised—18 years have lapsed since Justice K.G. Balakrishnan was appointed the first Dalit Chief Justice in 2007. In an era of increased national conversation on caste, representation, and social justice, Justice Gavai’s promotion is a strong statement regarding institutional diversity.
Important Judgements by Justice Gavai
Upholding Demonetisation: In Vivek Narayan Sharma v. Union of India (2023), Justice Gavai authored the majority opinion in a case challenging the Centre’s 2016 demonetisation scheme, which invalidated high-value currency notes to curb black money and corruption. The ruling affirmed the scheme’s legal validity, emphasising that it was proportionate to its objectives and implemented after adequate consultation with the Reserve Bank of India.
Striking Down the Electoral Bonds Scheme: In 2024, Justice Gavai was part of the Constitution Bench that delivered a verdict striking down the 2018 Electoral Bonds Scheme. The Court ruled that the scheme violated citizens’ right to information by allowing anonymous political donations, thereby undermining transparency in electoral funding.
Affirming Article 370 Abrogation: Justice Gavai was a member of the five-judge bench that unanimously upheld the abrogation of Article 370 in 2023, which revoked the special status of J&K. The judgment affirmed Parliament’s authority to alter the state’s constitutional relationship with the Union, marking a significant moment in India’s federal structure.
Enabling Sub-classification in SC/ST Categories: In State of Punjab v. Davinder Singh (2024), Justice Gavai concurred with the majority in allowing sub-classification within Scheduled Castes and Scheduled Tribes for affirmative action policies. This landmark decision enabled states to implement targeted measures for the most disadvantaged sub-groups within these communities, promoting a more equitable distribution of benefits.
The Amazon-Future Retail Case: In 2022, Justice Gavai played a pivotal role in a ruling that upheld the enforceability of emergency awards issued by foreign arbitrators in India. The Amazon-Future Retail case marked a significant advancement for cross-border commercial arbitration, bolstering investor confidence in India’s legal framework.
The Prashant Bhushan Case: In the high-profile Prashant Bhushan Contempt Case (2020), Justice Gavai was part of the bench that imposed a symbolic fine of Rs 1 on advocate Prashant Bhushan for his critical tweets against the judiciary.
Combating Corruption Through Circumstantial Evidence: In Neeraj Dutta v. State (Govt. of NCT of Delhi), Justice Gavai was part of a five-judge bench that ruled that public servants could be convicted of bribery based solely on circumstantial evidence, even if the complainant turns hostile or is unavailable.
The Vanniyar Community Case: In Pattali Makkal Katchi v. Mayileruperumal, Justice Gavai was part of the bench that assessed Tamil Nadu’s 10.5 per cent reservation for the Vanniyar community within the Most Backward Classes quota. The Court held that internal reservations must be supported by contemporary and reliable data to ensure fairness and avoid discrimination.
A Legacy of Bold Jurisprudence
Justice Gavai’s judicial track record shows him to be ready to take principled positions on contentious matters. He was on the bench that upheld the 2016 demonetisation order, legitimised the revocation of Article 370, and most recently ruled the electoral bonds scheme as unconstitutional.
But it is his subtle understanding of reservation policy that could set his legacy apart. By appreciating the inequality within marginalised communities themselves, Justice Gavai has advocated a more mature method of addressing historic injustice.
When he takes the oath of office in May, Justice Gavai will have around six months to mould the direction of the court before his retirement in November 2025. Albeit short, his chief justiceship coincides with a critical juncture when issues of social justice, equality, and representation are at the centre of national awareness.
With his appointment, India’s judiciary gets not just a Chief Justice of extraordinary juristic skill, but also someone who has known first-hand the intricacies of caste prejudice and the work-in-progress of having a truly equitable society.
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