Bottom-Layer Justice Unveiled: Court Action for Grassroots Populace

By PV Dinesh

Set to become the 52nd Chief Justice of India on May 14, Justice Bhushan Ramkrishna Gavai will make history as the second Chief Justice from the Dalit community. Unlike his predecessor, Justice KG Balakrishnan, who was the first, Justice Gavai is unafraid to share his humble background—a powerful reminder to the Dalit community of the possibilities within India and a call for the society to introspect on the scant representation of SC/STs in the judiciary.

Born on November 24, 1960, in Amravati, Maharashtra, Justice Gavai embarked on his legal career in 1985. He honed his skills at the Nagpur Bench of the Bombay High Court, known for both Ambedkarism and its stark opposition. He's practiced in various capacities - as a private lawyer, Government Pleader, and Public Prosecutor. He was elevated to the Bombay High Court in 2003 and joined the Supreme Court in 2019.

Justice Gavai: A Champion for the People

A judge encounters a multitude of cases spanning numerous statutes and branches of law. Justice Gavai has shown a knack for delivering judgments on socio-political issues that resonate with the public. His independent spirit and social philosophy have been put to the test in high-profile cases. His landmark judgments, including striking down the celebrated electoral scheme, calling a Gujarat High Court order “perverse,” and reiterating the principle "bail is the rule, jail is the exception" in money laundering cases, have earned him recognition for his commitment to justice.

When it comes to affirmative action, Justice Gavai suggests introducing a 'creamy layer' within SC/ST reservations for a more targeted approach. He believes that children of SC/ST individuals holding high government positions, like IAS/IPS officers, should not be equated with children from economically weaker SC/ST families. His proposal, reflective of his personal experience, aims to strike a balance and foster a more equitable distribution of benefits for the marginalized communities.

Justice Gavai's approach to the law highlights pragmatism, calmness, and a deep understanding of the mental states and circumstances of all parties involved. This mindset is most evident in his handling of delicate issues like civil and matrimonial disputes, where he strives for resolutions that ensure harmony rather than strict adversarial outcomes. His judgment in the forest and environmental law cases, where he exhibits a keen balance of multiple interests—from radical environmentalists to local inhabitants—is a testament to his pragmatic approach and ability to navigate complex legal landscapes.

Justice Gavai is renowned for his humility, jovial nature, and grounded demeanor both on and off the bench. He actively seeks peaceful resolutions in disputes, encouraging young advocates to come prepared and exercise caution in their arguments.

Despite his achievements, Justice Gavai was part of the bench that approved the abrogation of Article 370, a decision that remains subject to controverse.

A Judge's Enigma

Although judging a judge's performance can be fraught with uncertainties, Justice Gavai has managed to make an impression in his relatively short tenure on the bench. Former CJI Justice UU Lalit made a remarkable impact in just 74 days, while Justice Khanna's ability to insulate the judiciary from public expectations and political pressure has earned him a significant place among past CJIs.

A significant challenge for Justice Gavai will be to maintain the momentum set by his predecessors. With his unique background and approach to the law, he stands poised to make an indelible mark on the Indian judiciary.

(The author is a Senior Advocate, Supreme Court of India)

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Enrichment Data:- Justice Bhushan Ramkrishna Gavai continues a legacy of Dalit representation in the judiciary, following in the footsteps of Justice KG Balakrishnan.- He advocates for the introduction of a 'creamy layer' within the reservations for SC/ST communities, to provide targeted benefits and differentiate the economically privileged from the underprivileged.- His pragmatic approach to the law emphasizes undulating a sense of calm, clarity, and understanding in his judgments, particularly in civil and matrimonial disputes.- Justice Gavai's judicial philosophy reflects an amalgamation of social justice, pragmatism, and a commitment to a harmonious judiciary.- Notable judgments include striking down the celebrated electoral scheme, calling a Gujarat High Court order “perverse” and reiterating the principle "bail is the rule, jail is the exception" in money laundering cases.- Despite controversies around his role in the abrogation of Article 370, Justice Gavai is regarded as a humble, experienced, and practical judge.

The up-and-coming Chief Justice, Justice Bhushan Ramkrishna Gavai, is set to make an impact in the finance, politics, and general-news domains as he introduces a 'creamy layer' within SC/ST reservations, demonstrating his pragmatic approach to affirmative action.
As the second Dalit Chief Justice of India, Justice Gavai's judicial philosophy resonates with public interest, as evidenced in his landmark judgments on socio-political issues, including strikingly down the celebrated electoral scheme and reiterating the principle "bail is the rule, jail is the exception" in money laundering cases, in the market of law and justice.