Former Chief Justice BR Gavai Defends Judicial Independence and Constitutional Values in Post-Tenure Interview

Justice BR Gavai's tenure as Chief Justice of India concluded on November 23, 2025.

Former Chief Justice of India BR Gavai recently shared his reflections on his tenure at India's highest judicial position. In a comprehensive interview with IANS following his retirement, Justice Gavai expressed satisfaction with his accomplishments while addressing several critical challenges facing the judiciary today.

The former Chief Justice discussed pressing issues including social media attacks on the judiciary, misuse of artificial intelligence, allegations of political interference, and the concept of "bulldozer justice." He emphasized that courts should not become platforms for political contests and affirmed his belief that India's Constitution remains secure.

When asked about his satisfaction with his tenure, Justice Gavai responded positively: "I am happy and satisfied with my tenure as the CJI. There's no such thing which I wanted to do but could not."

Addressing social media criticism of the judiciary, he acknowledged that all branches of government face challenges from online platforms. "Technology is a boon, but a lot of misuse of technology is also happening," he noted, suggesting that Parliament should develop legislation to address these issues, particularly regarding AI misuse.

Justice Gavai shared his post-retirement plans to engage in social service, particularly for tribal communities in the Belghat area, with whom he has maintained connections since his father's time. When questioned about potential political aspirations, he stated he currently has "no such plan" to enter politics.

On the subject of post-retirement roles, Justice Gavai clarified that he doesn't consider accepting positions after retirement inappropriate, noting it remains a personal decision. However, he reiterated his previous commitment not to accept any government positions following his judicial career.

Regarding his landmark judgment on "bulldozer justice," Justice Gavai emphasized the importance of implementation. "In the judgment itself, we said that if anyone violated this, strict action would be taken against them," he explained, noting that officers who violate these directives could face contempt charges.

When discussing Dr. B.R. Ambedkar's constitutional vision, Justice Gavai credited the Constitution and Ambedkar's teachings for his own achievements. "Baba Saheb envisioned not just political justice, but also social and economic justice," he remarked, emphasizing that all three government branches should collaborate to make justice accessible to every citizen.

Justice Gavai firmly rejected claims that India's Constitution faces threats. "The 1973 Kesavananda Bharati judgment is very clear. That judgment clearly states that Parliament cannot change the 'basic structure' of the Constitution," he asserted.

Addressing allegations of government interference in judicial matters, including judge transfers, Justice Gavai denied such claims. While acknowledging that the Collegium considers input from various stakeholders including the executive, IB, Law Ministry, Chief Ministers, and Governors, he insisted that "this does not mean that the Collegium works under any pressure."

On the issue of Delhi's pollution and judicial intervention, Justice Gavai clarified that while courts can issue orders, implementation falls to the executive. He pointed to staffing shortages in pollution control boards as a significant implementation challenge.

Justice Gavai strongly advocated against using courts for political conflicts. "I have always maintained that the court should not be made a medium for political battles," he stated, adding that political disputes should be resolved through the electoral process rather than the judiciary.

Regarding interactions between different branches of government, such as the Prime Minister's visit to a former CJI's residence, Justice Gavai noted that while the executive, legislature, and judiciary are independent institutions, their occasional meetings shouldn't be considered problematic as all work toward serving citizens.

On judicial criticism, Justice Gavai welcomed critical analysis of judgments while distinguishing it from personal attacks on judges. "Criticism of judgments is always welcome. Judges are also human beings, and they might make the wrong decision. But criticism of judges at a personal level and trolling them is not right," he stated.

Justice Gavai expressed support for increasing women's representation in the judiciary, noting that research indicates substantial female representation in high court appointments during his tenure.

When asked about Maoism, Justice Gavai expressed satisfaction that it has significantly diminished in areas like Gadchiroli, Maharashtra, which was once a major center for such activity.