CJI Sanjiv Khanna recommends Justice B R Gavai as his successor

Chief Justice of India Sanjiv Khanna on Wednesday recommended to the Centre to appoint Justice Bhushan Ramkrishna Gavai — the senior-most judge of the Supreme Court — as the next CJI.

Justice Gavai is all set to become the 52nd CJI following the retirement of Justice Khanna on May 13. He would be administered the oath of office as the next CJI on May 14 after the Centre notifies his appointment.

Justice Gavai, who was elevated as a judge of the Supreme Court on May 24, 2019, would have a tenure of over six months as the CJI. He is due to retire on November 23, 2025.

Born on November 24, 1960, at Amravati, he joined the Bar on March 16, 1985, and was the standing counsel for the Municipal Corporation of Nagpur, Amravati Municipal Corporation and Amravati University.

He worked as an assistant government pleader and additional public prosecutor in the Bombay High Court’s Nagpur Bench from August 1992 to July 1993. He was appointed as a government pleader and public prosecutor for the Nagpur Bench on January 17, 2000.

He was elevated as an Additional Judge of the Bombay High Court on November 14, 2003 and became a permanent judge of the High Court on November 12, 2005.

Earlier, setting in motion the process for appointing his successor, the government had formally requested CJI Khanna to name his successor.

CJI Khanna on Wednesday wrote a letter to the Central Government recommending Justice Gavai’s name as the next CJI in terms of the Memorandum of Procedure on appointment of Chief Justice of India and Supreme Court judges.

There has been a convention of the CJI recommending the senior-most judge of the Supreme Court as his successor.

Only twice, it was not followed – Justice AN Ray was appointed the CJI on April 25, 1973, superseding three senior-most judges and Justice MH Beg was appointed the CJI on January 29, 1977, superseding Justice HR Khanna.

As per convention, after recommending the name of his successor, CJI Khanna can’t hold Collegium meetings to clear names for appointment of Supreme Court and High Court judges.

Justice Gavai has been a part of several important Constitution Bench verdicts. He was part of a five-judge Constitution Bench which in December 2023 unanimously upheld the abrogation of provisions of Article 370 that gave special status to the erstwhile state of Jammu and Kashmir.

He was also on the five-judge Constitution Bench which quashed the electoral bonds scheme for political funding in February 2024.

He was a part of the Constitution Bench which upheld the Centre’s 2016 decision to demonetise Rs 1,000 and Rs 500 denomination currency notes.

Justice Gavai was part of a seven-judge Constitution Bench which upheld sub-classifications within the Scheduled Castes for grant of reservation. He is also heading a Bench hearing matters related to forests and wildlife.

A Bench led by Justice Gavai laid down pan-India guidelines and said no property should be demolished without a prior show-cause notice and those affected must be given 15 days to respond.

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