Former CJI BR Gavai Firmly Rejects Claims of Government Interference in Indian Judiciary

Former CJI Gavai has categorically refuted claims of governmental interference in judiciary operations.

New Delhi:

In an exclusive interview with IANS on Thursday, Former Chief Justice of India BR Gavai firmly rejected allegations of government interference in judicial operations and decisions.

His statements come in response to recurring accusations from various political figures, including Lok Sabha Opposition Leader Rahul Gandhi, who has repeatedly claimed that the BJP and RSS exert influence over constitutional institutions.

Gandhi has frequently alleged that the judiciary faces pressure from Prime Minister Narendra Modi's administration.

Previously, former CJI DY Chandrachud addressed similar criticisms, emphasizing that courts should not be perceived as opposition forces, and their function is to examine legislation, not substitute elected officials.

In his conversation with IANS, former CJI Gavai dismissed allegations regarding government interference and elaborated on the collegium system's functioning.

"There is absolutely no government interference. When the collegium makes decisions, we consider multiple inputs. Executive viewpoints, Intelligence Bureau reports, and law ministry perspectives are part of this comprehensive process. We also incorporate opinions from consultee judges, relevant chief justices, chief ministers, and governors. Following thorough deliberations, the collegium reaches its independent conclusion. This process in no way suggests the collegium operates under external pressure," he affirmed.

Addressing concerns about potential threats to the Constitution, former CJI Gavai referenced the landmark 1973 Kesavananda Bharati judgment that established the basic structure doctrine.

He emphasized, "This judgment clearly established that Parliament lacks authority to modify the Constitution's basic structure. If some continue to believe otherwise, such apprehensions are unfounded."

Reflecting on his judicial career, Justice Gavai expressed complete satisfaction.

"I am entirely satisfied with my tenure. I feel content and happy, with no unfulfilled professional aspirations."

He also discussed public discourse and judicial independence in today's social media landscape.

"I don't engage with social media. Judges must never decide cases based on public sentiment. Once facts, documents, and evidence are presented in court, judgments must follow legal principles—not social media expectations or public opinion," Justice Gavai explained to IANS.

Justice BR Gavai, who served as India's 52nd Chief Justice, has had an extensive legal career. Though his formal legal practice began in 1985, his understanding of legal principles developed early through his family's involvement in social activism.

Throughout his professional journey—spanning roles as an advocate, Bombay High Court judge, Supreme Court justice, and ultimately CJI—Justice Gavai has consistently demonstrated unwavering commitment to judicial efficiency and rule of law. His judgments have sparked important discussions both within courtrooms and across digital platforms, making significant contributions to Indian jurisprudential development.

Justice Gavai was sworn in as the 52nd CJI on May 14, succeeding Justice Sanjiv Khanna. His nomination came through Justice Khanna's recommendation on April 16 and received Law Ministry approval on April 29. His appointment represented a historic milestone as the first Buddhist and only the second Chief Justice from the Scheduled Caste community, following Justice K.G. Balakrishnan, to hold this prestigious position.