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Chief Justice Gavai Retires, Emphasizes Consultation Over Government Roles

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Chief Justice of India B.R. Gavai announced his retirement plans during a farewell address to the Supreme Court Bar Association, stating he will pursue opportunities in consultation and arbitration while declining any government positions. Gavai expressed his intention to spend more time in his home regions of Darapur, Amravati, and Nagpur, aligning with a commitment he made with fellow justices to maintain judicial integrity by not accepting post-retirement government roles.

Reflecting on his judicial career, Gavai described his approach as a continuous effort to balance fundamental rights with directive principles. He credited the teachings of Dr. B.R. Ambedkar and the influence of his father, Ramkrishna Suryabhan Gavai, for shaping his understanding of constitutional values. Gavai defended key judgments that he believed were pivotal in the legal landscape, including those concerning “bulldozer justice” and the controversial concept of a “creamy layer” within Scheduled Castes for reservation benefits.

In his remarks, Gavai emphasized that the right to shelter, as outlined in Article 21 of the Indian Constitution, extends beyond the individual to include family members, even in cases where a person has been convicted. He discussed the “creamy layer” issue, underscoring the necessity of addressing disparities among Scheduled Castes to foster true equality.

During his farewell speech, Gavai shared personal anecdotes that highlighted his values and experiences. He fondly remembered his father, who was associated with Dr. Ambedkar, and mentioned his son, Shreyas Gavai, in the context of discussing equitable competition among individuals from different backgrounds. Gavai recounted the story of a law clerk from the Scheduled Caste community who chose not to utilize reservation benefits due to his privileged upbringing.

Members of the legal community praised Gavai for his contributions to the profession, particularly for restoring dignity and maintaining accessibility within the judiciary. Vikas Singh, President of the Supreme Court Bar Association, noted Gavai’s belief that the bar and the bench are intrinsically connected, reflecting a commitment to justice and a deeply rooted sense of “Indianness” in his judicial philosophy.

As Gavai concludes his distinguished 40-year career, he remarked that he entered the legal profession as a “student of law” and retires as a “student of justice,” underscoring his lifelong dedication to the principles of fairness and equity in the judiciary.

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