Who Is Justice BR Gavai? New CJI Set To Take Oath On May 14

Justice Bhushan Ramkrishna Gavai is set to take over as the 52nd Chief Justice of India, succeeding Justice Sanjiv Khanna on May 14. CJI Khanna has recommended Justice Gavai's name to the Union Law Ministry as he is due to retire on May 13. Appointed to the Supreme Court on May 24, 2019, Justice Gavai's tenure as the CJI is scheduled to end on November 23, 2025.

Who Is Justice Gavai?

Born on November 24, 1960, in Amravati, Maharashtra, Justice Gavai began his legal career on March 16, 1985. He initially worked with the late barrister Raja S. Bhonsale — a former Advocate General and High Court judge — until 1987. He later practised independently at the Bombay High Court and, from 1990 onwards, primarily at its Nagpur Bench, focusing on constitutional and administrative law.

Throughout his legal career, Justice Gavai served as standing counsel for the municipal corporations of Nagpur and Amravati, as well as for Amravati University. He represented various local bodies and councils across the Vidarbha region. He also served as Assistant Government Pleader and Additional Public Prosecutor at the Nagpur Bench between August 1992 and July 1993. He was appointed Government Pleader and Public Prosecutor for the same bench on January 17, 2000.

Justice Gavai was elevated as an Additional Judge of the Bombay High Court on November 14,  2003, and was confirmed as a permanent judge on November 12, 2005. During his tenure, he presided over cases at multiple benches, including Mumbai, Nagpur, Aurangabad, and Panaji.

Key Judgments of Justice B R Gavai

Abrogation Of Special Status for Jammu and Kashmir (2023)

Justice Gavai was part of a five-judge Constitution Bench comprising Chief Justice DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, and Surya Kant. Justice Gavai concurred with the unanimous verdict upholding the constitutional validity of the abrogation of Article 370. The Court ruled that the Centre’s action in revoking Jammu and Kashmir’s special status was lawful and within its constitutional mandate. The Bench also directed the restoration of statehood and mandated the Election Commission of India to hold assembly elections in Jammu and Kashmir by 30 September 2024.

Demonetisation Verdict 

Justice Gavai observed that the Union had adequately consulted the Reserve Bank of India before initiating the policy and held that the government possesses the power to declare all series of any denomination as invalid legal tender. He further ruled that the scheme passed the "test of proportionality’ and was executed in a reasonable manner". Justice B V Nagarathna, the sole dissenter, acknowledged the intent but called the implementation procedurally flawed and unlawful.

Excise Duty Exemption

Justice Gavai, along with Justices Arun Mishra and M R Shah, ruled that the Union Government is within its rights to withdraw excise duty exemptions in the public interest, particularly when scientific evidence suggests harm to public health. The judgment dealt with the excise duty exemptions granted to products like pan masala and tobacco, which were later withdrawn due to their carcinogenic properties. 

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