We Used 'Swadeshi Interpretation' In Presidential Reference Opinion : CJI BR Gavai

Chief Justice of India BR Gavai said on Friday that the Court had adopted a "swadeshi interpretation" in its recent opinion in the Presidential Reference, preferring Indian precedents over foreign jurisprudence.

The CJI made this comment in response to a statement by Solicitor General of India Tushar Mehta that after Justice Gavai took over as the CJI and also with Justice Surya Kant, "a fresh Breeze of Indianness has started flowing in the judgments."

"In yesterday's judgment, we did not use a single foreign judgment and we used Swadesi interpretation," CJI Gavai said, referring to the opinion in the Presidential Reference on the issue of Bills.

Agreeing, the SG pointed out that the bench had distinguished the American system and the UK Crown system from the Indian Constitution. "Your lordships said we have our own jurisprudence, and the constitution bench judgment answered everything in just 110 pages. It is a new thing. Judgment should be a judgment and not an article for a law review," SG said.

The exchange took place during the ceremonial bench proceedings in Courtroom No. 1, held to bid farewell to Chief Justice of India BR Gavai on his last sitting day before retirement on November 23.

The proceedings witnessed a packed courtroom, with several lawyers expressing their gratitude and wishes for the outgoing CJI. The proceedings commenced with Attorney General for India R Venkataramani saying that CJI Gavai did true justice to his first name by being a "Bhushan" to all the institutions he joined.

Solicitor General Tushar Mehta remarked that CJI Gavai was known for his exceptional approachability and his ability to remember people by name. He recalled the Nagpur Bar's felicitation ceremony, noting that the Chief Justice addressed each member personally and enquired about their families.

Supreme Court Bar Association President Vikas Singh reiterated his long-standing demand for increasing the retirement age of judges. Senior Advocate Kapil Sibal observed that the Supreme Court had historically been an “elitist Court”, but CJI Gavai's rise demonstrated that individuals from any background can aspire to the highest constitutional positions.

SCAORA President Vipin Nair praised the outgoing Chief Justice's warmth and approachability, describing him as reminiscent of a “smiling Buddha”. Senior Advocate Raju Ramachandran urged CJI Gavai to remain in public life after retirement rather than joining “arbitration clubs,” emphasising that his experience with society would be valuable to the public sphere.

In a lighter comment, Senior Advocate Dama Seshadri Naidu referred to CJI Gavai's well-known habit of saying “thank you” to end arguments, joking that lawyers often feared the phrase because it usually signalled that their case might be dismissed.

Additional Solicitor Generals S.V. Raju, Aishwarya Bhati, Archana Dave and Raja Thakre, along with Senior Advocates Siddharth Dave, Sanjay Hegde, Shadan Farasat, C.U. Singh, Mukul Rohatgi, Atmaram Nadkarni, Amit Anand Tiwari and several others also offered their wishes and appreciation for the outgoing Chief Justice. 

Justice Vinod Chandran, saying that it was his privilege to share the bench with the Chief Justice, said that the CJI's firm comments were laced with humour and his orders were laced with compassion.

CJI-designate Justice Surya Kant stated that, as the CJI, Justice Gavai has set a high standard that he must follow. Justice Kant lauded CJI Gavai for his "unshakable devotion to the rule of law"

In his reply speech, CJI Gavai said that he joined the profession in 1986 as a "student of law" and was demitting office as a "student of justice." He said that he had always viewed every public office as “not an office of power but an opportunity to serve the nation.” He said he approached every responsibility with the aim of serving society.

CJI Gavai said he drew lifelong inspiration from Dr B.R. Ambedkar and from his father. “Dr Ambedkar always advocated for social and economic justice. I always tried to do justice wherever possible by balancing fundamental rights with the Directive Principles of State Policy,” he said. He added that judges and lawyers must remain anchored to the core principles of their profession, noting that he had always considered the Bar “my teacher”. He also mentioned Lord Denning as a significant influence on his judicial philosophy.

Speaking on his work as a judge, he said he was grateful to have decided several matters that were close to his heart. “I am happy that my first judgment as Chief Justice was on the environment. It gave me great satisfaction,” he remarked, adding that he had also authored several decisions relating to judicial reforms.

He stressed that the Supreme Court, as an institution, must always work collectively. With India celebrating 75 years of the Constitution, he said he took pride in contributing to the Constitution's goals of social and economic equality. Concluding his speech, CJI Gavai thanked all those from whom he had learnt throughout his career.