Constitution is supreme, asserts CJI-designate B R Gavai, says no to post-retirement assignment

New Delhi: Justice Bhushan Ramkrishna Gavai, who is set to become the first Buddhist Chief Justice of India on May 14, on Sunday said no to any post-retirement assignment and put to rest the debate on whether Parliament or judiciary is superior by asserting the Constitution is supreme.

In an informal chat with journalists at his residence, Justice Gavai said that the top court judges were shocked to hear about the Pahalgam terror attack and referred to the full court meeting convened by him as CJI Sanjiv Khanna was away.

“When the country is in crisis, the Supreme Court cannot remain aloof. We are also part of the nation,” he said while touching upon issues ranging from pendency of cases to vacancies in courts, judges meeting commoners including politicians and the statements against the judiciary.

Responding to queries about statements of politicians and Vice President Jagdeep Dhankhar that Parliament is supreme, he said, “The Constitution is supreme. This has been held in the 13-judge bench judgement in the Kesavananda Bharati judgement.” On the question relating to the judges accepting post-retirement political assignments like the posts of governors.

“I do not have any political ambition…I will not take any post retirement assignments,” Justice Gavai said.

When the issue of a former CJI taking up the gubernatorial assignments was raised, he said, “I cannot speak on behalf of others.” Elaborating, he said for a former CJI, the post of governor is below the post of the CJI in protocol.

Responding to a query on judges meeting others, including politicians, he said, “As a judge you do not live in ivory towers and unless you meet people from different walks of life, you will not understand the issue afflicting them.” Justice Gavai recalled his recent Manipur visit and said that an old woman welcomed him in her home and it made him realise the nation's unity and affinity.

He spoke on the Pahalgam incident, the decision of the top court to condole loss of lives and express anguish over it, subsequent state action of ‘Operation Sindoor’ and halting of armed exchanges.

Justice Gavai said the judges are also the citizens of the country and after knowing about the gruesome incident, he consulted CJI Khanna and called the full court meeting to decide to issue a statement on behalf of the top court to condole the deaths.

“After all, we are also responsible citizens of the country and get affected by such incidents… We are also concerned as citizens. When the whole country is mourning, the Supreme Court cannot remain aloof,” he said.

On the issue of halting armed exchanges, the CJI designate said wars are futile and gave illustrations of ongoing conflicts between Russia and Ukraine, saying there are hardly any tangible gains.

On the issue of declaration of assets by the judges, Justice Gavai said 21 out of 33 apex court judges have so far put details of their assets in the public domain.

“Rest Supreme Court judges will be providing details shortly,” he said, adding that the high court judges should also follow the suit.

Speaking on cash discovery row involving Justice Yashwant Varma of the Allahabad High Court, he said the apex court-appointed committee has indicted him and the issue is referred to President Droupadi Murmu and the prime minister for subsequent action.

He, however, refused to comment further on the controversy when questions were asked about whether any FIR can be lodged in the matter.

On a query relating to collegium and non-clearance of recommended names by the Centre, he refused specific comments.

In response to inadequate representation of Scheduled Castes and Scheduled tribes and Backward classes in judiciary, he said there cannot be reservation in appointments to constitutional posts.

He, however, said that people concerned should be alive to the issue of adequate representation of different sections of societies in higher judiciary.

On the issue of a lesser number of women judges, he said at times, it is difficult to find suitable persons.

Responding to a query on whether social media comments perturb him as a judge, Justice Gavai said he does not follow them and only reads newspaper clippings about the court news.

Dwelling about his humble background, Justice Gavai said, “I will be perhaps the first Buddhist CJI.” He has always been very supportive to the idea of socio-economic justice because of this.

He said that his father RS Gavai, a career politician, and many others had converted to Buddhism following Dr B R Ambedkar.

Justice Gavai said he still visits his village in Amravati district on birth and death anniversaries of his late father besides on the occasion of the village fair.

Earlier on April 16, the CJI recommended to the Centre the name of Justice Gavai as 52nd CJI.

Later on April 29, President Murmu appointed him as the next CJI and he would enter office on May 14.

Justice Gavai, who will have a tenure of over six months as the CJI, is due to retire on November 23, 2025.

Born on November 24, 1960 at Amravati, Justice Gavai was elevated as an additional judge of the Bombay High Court on November 14, 2003.

He became a permanent judge of the high court on November 12, 2005. He had joined the bar on March 16, 1985 and was the standing counsel for the Municipal Corporation of Nagpur, Amravati Municipal Corporation and Amravati University.