If Justice Nagarathna's Dissent In Collegium Had Merit, Other Judges Would've Accepted It: CJI BR Gavai
Outgoing Chief Justice of India BR Gavai, speaking on his retirement day, broke his silence on Justice BV Nagarathna's dissent in the Collegium regarding the proposal to elevate Justice Vipul Pancholi to the Supreme Court. He remarked that dissent within the Collegium was not unprecedented.“On the dissent of a judge in Collegium, it is not happening for the first time …If the dissent had...
Outgoing Chief Justice of India BR Gavai, speaking on his retirement day, broke his silence on Justice BV Nagarathna's dissent in the Collegium regarding the proposal to elevate Justice Vipul Pancholi to the Supreme Court. He remarked that dissent within the Collegium was not unprecedented.
“On the dissent of a judge in Collegium, it is not happening for the first time …If the dissent had any merit, four other judges would have agreed on it,” CJI Gavai said during an interaction with the media at his official residence today.
CJI Gavai also expressed regret that no woman judge could be recommended to the Supreme Court during his tenure, stating that the Collegium could not reach a consensus on the women candidates considered.
Reiterating that he would not accept any post-retirement appointment from the government, he said he wished to devote his time to the welfare of tribal communities in his native district.
Declining to comment on the Justice Yashwant Verma issue, he noted that the matter was now before a Lok Sabha inquiry committee.
On the transfer of High Court judges, he maintained that the decisions were taken in the interest of better administration of justice.
Referring to the incident involving an advocate attempting to throw a shoe at him, he said the decision to forgive was taken on the spur of the moment.
CJI Gavai was critical of social media for distorting court proceedings by attributing statements to judges that were never made.
Commenting on the recent opinion in the Presidential Reference, he said the Court could not add words to the Constitution and therefore could not have prescribed timelines for the President or Governors. However, he described the opinion as balanced, noting that it affirmed that Governors cannot indefinitely withhold Bills and that States may seek remedies in cases of glaring delay.
Responding to a query on the need for women's reservation in Supreme Court staff recruitment, in the backdrop of SC and ST reservation implemented during his tenure, CJI Gavai said his experience indicated that women were adequately represented in the Court's administration.