“Constitution is Supreme, No Plan For Post-Retirement Assignment” The To Be CJI Justice Gavai Said

India is going to have a new CJI (Chief Justice of India) with Justice Bhushan Ramkrishna Gavai sworn in on 14th May. Justice Gavai will be the 52nd CJI of India. 

In an informal meeting with journalists on Sunday (11th May), Chief Justice of India-designate Gavai on had reiterated that it is the Constitution which is supreme and all organs of state are supposed to work within its parameters.

“Ultimately, it’s the Constitution that is supreme. All three wings of our democracy are supposed to act within the constitutional parameters,” he was quoted to have saying during the interaction.

Justice Gavai’s remarks hold significance in view of the recent statements by political leaders and Vice President Jagdeep Dhankhar about the supremacy of Parliament, which emerged in the wake of the top court’s judgment setting a three-month deadline for the President to clear Bills sent by the legislature.

“The Constitution is supreme. This has been held in the 13-judge bench judgement in the Kesavananda Bharati judgement,” Justice Gavai remarked.

On judges accepting post-retirement jobs, Justice Gavai declined to speak on behalf of others but said that he would not be accepting any such assignments. He will retire on November 23, 2025.

Speaking about the April 22 Pahalgam terror attack and its aftermath, Justice Gavai recalled that he urged CJI Sanjiv Khanna to call a full court meeting for issuing a statement condoling the deaths.

"After all, we are also responsible citizens of the country and get affected by such incidents…We are also concerned as citizens. When the whole country is mourning, the Supreme Court cannot remain aloof,” Justice Gavai added.

Justice Gavai, in a significant remark, said that there is a need to bring more women into the benches while ensuring representation for Scheduled Castes, Scheduled Tribes and other marginalised sections.
 Alongside, he emphasised that there can be no compromise on the quality.

On political parties giving out freebies ahead of polls, Justice Gavai hinted of fast-track hearings on pending petitions challenging the practice. He said that he would like to pick up matters like this that have a larger effect on society.

He also mentioned that pendency has been one of the key problems facing the judiciary and contributing to delays in the delivery of justice. Justice Gavai added that he will put in efforts to reduce it, from the trial courts to the Supreme Court.