Posted on 23rd November 2025

CJI B. R. Gavai: A Tenure of Milestones, Friction, and Judicial Candour
⚖️📜

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Intro Whisper

In the quiet corridors of Indian justice, some tenures do not merely pass — they leave weather patterns.
🌫️⚖️

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The Judicial Journey of CJI Gavai

👩‍⚖️➡️⚖️

• Article 370 verdict 🕊️
• Electoral Bonds struck down 💰🚫
• Demonetisation upheld 💵📘
• Bail jurisprudence: Sisodia, Rahul Gandhi, Teesta Setalvad 🕊️🕰️
• Bulldozer Justice guidelines 🏚️⚠️
• Sub-classification within SCs 🧩📊
• Struck down Tribunals Reforms Act ✒️❌
• Guardrails on Waqf Amendment Act 🕌⚖️

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Administrative Turbulence

🌀 Master of the Roster Dilemmas

• Intra-court appeals controversy 🔁⚖️
• Stray dogs case backlash 🐕‍🦺📜
• Bhushan Steel review in open court 🏭🔍
• Allahabad HC judge order modification 📨⚖️

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Revisiting Judgments

🔄📚

• Environmental clearance verdict recalled 🌿📘
• Presidential reference vs two-judge Bench 🏛️⚖️

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Appointments & Collegium Crosswinds

👥📜

• SC at full strength
• Record appointments in HCs
• Controversies over recommendations ⚠️
• Nagarathna’s dissent leaked 📄💬
• Executive influence acknowledged 🏛️➡️⚖️

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Pendency Crisis

📈🗂️

• 90,000+ pending cases
• 8,000+ increase in six months
• Disposal < new filings

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Why His Tenure Matters

⭐ Constitutional fortification
⭐ Bail as civil-liberty safeguard
⭐ Limits on Executive demolitions
⭐ Precedent & consistency debates
⭐ Transparency concerns in Collegium
⭐ Navigating politically sensitive cases

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IAS Monk Whisper

Justice is never quiet. It moves like light in a dense forest — breaking through, bending, scattering, but always finding a way. Some tenures illuminate the canopy. Some reveal the shadows.
🌲✨⚖️

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High Quality Mains Essay For Practice : Essay-1

Word Limit 1000-1200

“CJI Gavai and the Supreme Court: A Tenure of Milestones, Dilemmas, and the Deepening Debate on Judicial Institutionality”

The tenure of Chief Justice of India (CJI) Bhushan Ramkrishna Gavai marks one of the most intriguing chapters in the contemporary history of the Indian judiciary. His period in office—just over six months—was short by conventional standards, yet dense in judicial, administrative, and institutional significance. He was only the second Dalit to occupy the highest judicial office in independent India, and the first Buddhist to do so. But beyond the symbolism of representation, his tenure was marked by major constitutional decisions, bold administrative choices, and equally significant controversies that opened deeper questions about the nature of judicial power, the functioning of the Supreme Court, and the boundaries of institutional propriety.

This essay examines CJI Gavai’s tenure through three analytical lenses:
(1) his judicial contributions,
(2) his administrative and institutional imprint, and
(3) the structural dilemmas facing the Supreme Court in the era of expanding judicial review and rising public scrutiny.

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I. Judicial Legacy: Balancing Constitutional Continuity and Administrative Boldness

CJI Gavai’s judicial career, long before his elevation as Chief Justice, displayed a unique blend of procedural fidelity and humanistic pragmatism. As a Supreme Court judge, he was part of several historic decisions that will continue to shape constitutional jurisprudence.

1. The Demonetization Verdict: Upholding Executive Judgment

Justice Gavai authored the majority judgment upholding the Central government’s 2016 demonetization policy. He reasoned that the process satisfied the constitutional test of proportionality and that the Reserve Bank of India (RBI) had been duly consulted.

This verdict reinforced judicial restraint in matters of economic policy. Critics, however, argued that it granted excessive deference to the executive and did not adequately evaluate procedural lapses. The judgment thus continues to be cited in debates on judicial review over economic decision-making.

2. Article 370 & Electoral Bonds: Constitutional Redesign and Transparency

He was part of the Bench that upheld the abrogation of Article 370, affirming Parliament’s authority in reorganizing the state of Jammu & Kashmir. On the other hand, he was also part of the Bench that struck down the controversial Electoral Bonds Scheme, holding that anonymous political funding violated citizens’ right to informed voting.

These two positions—one expanding the scope of state reorganization and the other limiting unregulated political finance—show a nuanced constitutional approach, rooted not in ideological consistency but in structural reasoning.

3. Liberty Jurisprudence: A Record of Sensitivity

CJI Gavai’s tenure is also remembered for notable bail orders reflecting a deep concern for personal liberty:

• Bail to Manish Sisodia after 17 months in custody
• Stay of conviction of Rahul Gandhi
• Night-time bail to activist Teesta Setalvad, calling the High Court’s logic “perverse”

At a time when the “bail vs. jail” debate continues to animate public discourse, these decisions reaffirmed the judiciary’s constitutional duty to guard individual liberties, even under politically charged circumstances.

4. Striking Down the Tribunal Reforms Act

In one of his final judgments as CJI, he struck down significant sections of the Tribunals Reforms Act, 2021, arguing that Parliament cannot simply reenact provisions previously struck down without curing constitutional defects.

This verdict underscored the doctrine of constitutional finality and reaffirmed the separation of powers in a system where legislative re-enactments have increasingly attempted to bypass judicial concerns.

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II. Administrative Tenure: Master of the Roster and the New Contours of Judicial Authority

While his judicial decisions shaped legal doctrine, it was his administrative functioning as the Master of the Roster that stirred major debates.

1. The “Intra-Court Appeals” Question

Several orders during his tenure revived the conversation about “intra-court appeals”—situations where a Supreme Court Bench revisits a final order passed by another Bench, often through procedural routes such as listing or review.

Notable examples include:

• The Delhi stray dogs case, where a two-judge Bench order was modified by a three-judge Bench without explicit legal reasoning.
• The Bhushan Steel insolvency case, where a review petition was listed in open court—an unusual move—leading to the recall of an earlier judgment.
• The case involving a stricture against an Allahabad HC judge, which was modified based on an “administrative letter” from the CJI.

These incidents raised structural concerns over consistency, judicial hierarchy, and the sanctity of precedents.

2. Vacancy Management: A Strong Administrative Record

CJI Gavai’s tenure is notable for filling all Supreme Court vacancies, enabling the Court to function at full sanctioned strength. High Courts witnessed rapid appointments:

• 20 appointments in the Bombay High Court
• 31 in Allahabad High Court
• Strong numbers in Madhya Pradesh and Punjab & Haryana HCs

However, some appointments triggered controversy—especially the elevation of individuals whose proximity to his parent High Court or political associations attracted criticism.

3. Collegium Frictions and the Transparency Question

Internal dissent within the Collegium surfaced publicly during his tenure, particularly through Justice B.V. Nagarathna’s dissent concerning Justice Vipul Pancholi’s elevation.

The leak of sensitive Collegium discussions—unprecedented in recent years—exposed:

• concerns about regional imbalances
• questions about seniority and professional competence
• the continued opacity of the selection process despite years of debate

These fissures underscored the need for deeper structural reforms in judicial appointments.

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III. Structural Challenges: Pendency, Judicial Overreach, and the Future of Judicial Reform

1. Case Pendency Crosses 90,000

For the first time in decades, Supreme Court pendency touched 90,000 cases—a reflection of:

• rising litigation
• procedural complexities
• increased public expectation from the judiciary
• uneven disposal rates

Although pendency did not originate in his tenure, the rapid rise during this period highlighted the institutional limitations of a Court that continues to carry a vast appellate docket.

2. Executive–Judiciary Dynamics

The Supreme Court under CJI Gavai navigated complex relationships with the executive:

• The recall of a judgment after Justice Oka’s retirement revived debates on judicial independence.
• The acknowledgment that the executive “sought reconsideration” in the Justice Sreedharan transfer case raised concerns of undue governmental influence.

At the same time, his striking down of the Tribunals Reforms Act demonstrated assertive judicial review.

These contradictions reflect the broader contemporary dilemma:
How does the Court maintain institutional autonomy while functioning within a system of interdependent constitutional powers?

3. Revisiting Precedents and the Logic of Finality

A recurring theme during his tenure was the recall or modification of judgments after the retirement of the author judge—an occurrence that raised foundational questions:

• Should a new Bench revisit a recently decided matter without a curative petition?
• What happens when conflicting judgments emerge within a short span of time?
• Does procedural innovation undermine certainty in the law?

These issues go beyond personalities; they strike at the core of India’s jurisprudential architecture.

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IV. The Legacy: A Tenure That Sparks Debate

CJI Gavai’s tenure will be remembered not merely for what he decided, but for the structural questions he leaves behind:

• the limits of administrative discretion
• the need for procedural consistency
• the future of the Collegium
• the balance between liberty and state power
• the evolving standards of judicial transparency

He championed representation, strengthened liberty jurisprudence, and delivered major constitutional verdicts. But he also presided over a period of institutional turbulence marked by debates on transparency, pendency, administrative interventions, and reconsideration of judgments.

In essence, his tenure becomes an important mirror reflecting both the strengths and the fault lines of the Indian judicial system.

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Conclusion

CJI Bhushan R. Gavai’s tenure represents a microcosm of the historical moment the Indian judiciary currently inhabits: a moment of high expectations, deep institutional stress, accelerated public scrutiny, and a rapidly changing constitutional landscape. His contributions—ranging from the demonetization judgment to striking down the Tribunals Reforms Act—will inform key constitutional debates for years to come. Equally, the controversies surrounding intra-court appeals, administrative interventions, and collegium frictions will continue to shape the discourse on judicial reforms.

Ultimately, his tenure raises the question:
What kind of Supreme Court does India need for the next quarter-century?
A Court that protects liberty, ensures consistent jurisprudence, balances its administrative and judicial roles, and strengthens institutional integrity.
CJI Gavai’s journey offers important lessons for this future.

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High Quality Mains Essay For Practice : Essay-2

Word Limit 1000-1200

Literary Poetic Essay

“The Quiet Geometry of Justice: A Poetic Reflection on the Tenure of CJI Bhushan R. Gavai”

(IAS Monk Literary Essay — 1200 words)

Justice does not always arrive with triumphal drums.
Sometimes it comes as a whisper in the corridors of a courtroom,
carried by the footsteps of a judge who must decide not only cases,
but the destiny of silence, dissent, dignity, and time itself.

The tenure of Chief Justice Bhushan Ramkrishna Gavai—
barely half a year in the grand clock of the Constitution—
was not an era measured in length,
but in the strange weight of moments that change a nation
just a fraction at a time.

He was only the second Dalit and the first Buddhist
to ascend the highest judicial seat of India.
And yet, the story is not the symbolism alone.
It is about what happens when a life shaped by margins
enters the centermost seat of power,
and tries to read the Constitution
not as an instrument of statecraft
but as a living forest of human voices.

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I. The Bench as a Battlefield of Ideas

Judging is not arithmetic.
Every case carries a universe of grief or expectation.
A file is never just a file;
it is a life folded into paper.

CJI Gavai’s judicial career
was a landscape of difficult questions—
Article 370,
electoral bonds,
demonetisation,
Waqf amendments,
sub-classification within Scheduled Castes,
and the phenomenon he named with moral clarity:
“bulldozer justice.”

In each of these he navigated
the tension between power and liberty,
between the convenience of the State
and the conscience of the Court.

His judgments did not seek applause.
They sought proportion.
He weighed the expansive gaze of the Executive
against the fragile bones of individual rights.

And yet, jurisprudence never moves without resistance.
Every principle contested,
every dissent leaked,
every recall petition questioned
was a reminder that the Supreme Court—
like the republic it guards—
is never a still lake.
It is always a restless tide.

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II. The Human Face of Judicial Power

There is something profoundly human
in granting bail late at night.

Past 9 pm,
as the city of Delhi exhales into its neon quiet,
a Bench headed by Justice Gavai
opened its doors for Teesta Setalvad.
The High Court had feared that bail
would “deepen communal polarisation.”
Justice Gavai’s Bench refused that logic—
because constitutional morality
cannot be outsourced to majoritarian anxieties.

In another case,
he restored Rahul Gandhi’s membership,
not because of politics,
but because democracy cannot afford
the casual weaponization of defamation.

A judge’s courage is not measured
only in striking down laws.
Sometimes it is measured
in the gentler courage of refusing
to allow the State to bulldoze a person
before the law has even spoken.

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III. The Shadow Side of Power

But Justice is never pure light.
Every CJI must walk through regions
where administrative authority intersects
with human fallibility.

As Master of the Roster,
CJI Gavai faced
legal puzzles without precedent—

“intra-court appeals,”
mysterious letters resurfacing to modify judicial orders,
the Bhushan Steel recall,
the Judge roster controversy,
collegium disagreements,
and divergences within judicial families
that leaked into the public sphere.

These were not failures.
They were revelations
of how delicate the architecture of power truly is—
how a Court of 34 minds
must operate as a single conscience,
and how difficult that task becomes
when each conscience bears its own history,
its own reading of the Constitution,
its own fear of error,
and its own longing for justice.

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IV. The Constitutional Soul of a Career

The Supreme Court of India is not a monument.
It is a living animal—
sometimes fierce,
sometimes weary,
always watching.

Justice Gavai belonged to the generation
for whom the Constitution
was both scripture and struggle.

He wrote on the sub-classification of Scheduled Castes
with the sensitivity of someone
who had seen from within
what it means to be left behind
even among the historically left behind.

He ruled that the State cannot demolish a house
just because it has the machinery to do so.
Power without procedure, he warned,
is simply violence in uniform.

He reminded governments that
the Parliament cannot resurrect laws
the Court has already buried
without mending the constitutional defects.

He believed in federalism,
in calibrated restraint,
in the sanctity of judicial review—
not as a theory,
but as a moral obligation.

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V. A Tenure of Compressed Time

In just six months as CJI,
he filled all Supreme Court vacancies,
pushed appointments across High Courts,
and kept the administrative engine of the Court
moving with unusual speed.

And yet,
pendency rose—
8,000 new cases swelling the backlog
beyond 90,000.

Was that a failure?

Or a revelation that the Indian judiciary
is now a mountain that grows faster
than any one human can reshape?

Perhaps the truth is this:
no CJI can defeat pendency.
But each can shift its direction
by a few degrees—
enough to change the future
years down the line.

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VI. The Farewell That Was Not an Ending

Judges retire.
But judgments stay.

A tenure ends.
But ideas echo.

In his farewell speech,
Justice Gavai named his
“bulldozer justice” ruling
as one of his most important.

That makes sense.
Because a nation is not built
only on grand constitutional amendments.
It is also built on the quiet assurance
that the State will not knock on your door
with a bulldozer
when it should have come with a notice.

His legacy is not uniform.
It is textured—
a tapestry of light and shadow,
courage and controversy,
idealism and imperfection.

But that is what makes it human.
And only what is human can endure.

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VII. The Monk’s Closing Whisper

Justice does not descend from the sky.
It rises slowly from the lives of those
who dare to interpret the world
not as it is,
but as it ought to be.

CJI Bhushan R. Gavai
did not live a perfect judicial life—
but he lived an honest one.
And in the story of India,
that is often the mark of greatness.

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