Justice Bhushan Ramkrishna Gavai, the senior-most judge of the Supreme Court, has been recommended by current Chief Justice Sanjiv Khanna to be 52nd Chief Justice of India (CJI). Justice Gavai is scheduled to assume office on May 14, 2025, following CJI Khanna’s retirement on May 13.
Key Highlights
- As per constitutional convention, the senior-most Supreme Court judge is appointed as the next CJI.
- The Union Government receives the recommendation from the outgoing CJI about a month prior to retirement.
- Justice Gavai’s tenure as CJI will be approximately six months, ending on November 23, 2025.
About Justice B.R. Gavai:
Birthplace: Amravati, Maharashtra
Joined Bar: March 16, 1985
Specialisation: Constitutional and Administrative Law
Important Roles Before Judgeship:
- Assistant Govt Pleader & Additional Public Prosecutor (1992–93)
- Government Pleader & Public Prosecutor, Nagpur Bench (from Jan 2000)
- Standing Counsel for Nagpur & Amravati Municipal Corporations and Amravati University
Judicial Career:
- Appointed Additional Judge, Bombay High Court: November 2003
- Became Permanent Judge: November 2005
- Elevated to Supreme Court: May 29, 2019
Landmark Judgments by Justice Gavai:
- Demonetisation Verdict (2023): Part of 4:1 majority upholding the Centre’s 2016 decision to ban ₹500 and ₹1,000 notes.
- Reservation Sub-Classification Case: Advocated applying the creamy layer principle to SCs and STs for equitable affirmative action.
- Article 370 Verdict: Part of Constitution Bench that upheld the abrogation of Article 370.
- Electoral Bonds Case: Bench struck down the Electoral Bonds Scheme as unconstitutional.
- Anti-Bulldozer Ruling (Nov 2024): Held that demolitions without due process are against the rule of law.
About Chief Justice of India (CJI)
Eligibility:
- Must be a citizen of India
- Must have served as a High Court judge for at least 5 years or practiced as an advocate in a High Court for at least 10 years, or be a distinguished jurist
Appointment Process (Article 124(2)):
- President appoints the CJI
- Based on the recommendation of the outgoing CJI
- Union Law Minister forwards the name to the Prime Minister, who advises the President
- Second Judges Case (1993) mandates that seniority is the guiding principle
Removal (Article 124(4)):
- Can only be removed by President on Parliament’s address supported by special majority
- Grounds: Proven misbehavior or incapacity
Powers and Functions:
- Master of Roster: Allocates cases and benches
- Collegium Head: Leads appointments and transfers of judges
- Judicial and Administrative Leadership
- First among equals – does not have overriding judicial powers