How Justice Gavai Turned a Humble Beginning into a Constitutional Legacy
Justice Gavai and His Remarkable Farewell
When Justice Gavai delivered his farewell speech upon retiring as the Chief Justice of India, the occasion became far more than a formal goodbye. It evolved into a deeply personal reflection on a life shaped by constitutional values, social justice, and unwavering faith in the rule of law. From a small semi-urban school to the highest court of the land, Justice Gavai stands as living proof of what the Indian Constitution makes possible.
A Childhood Rooted in Ambedkarite Values
Born into a family devoted to Dr. B.R. Ambedkar’s ideals, Justice Gavai grew up in an environment where the Constitution was not just a document but a way of life. His father, an ardent follower of Dr. Ambedkar, embedded in him the values of equality, dignity, and social transformation from an early age. His mother taught him the virtues of hard work and the dignity of every form of labour.
As a young boy, his only dream was modest: to one day live in a manager’s bungalow in an industrial township he once visited during his school days. Destiny, however, carried him much further. Years later, he returned to that very town not as an employee, but as a judge of the Supreme Court of India, welcomed by the top management at the city limits. For Justice Gavai, this journey symbolised the transformative power of the Constitution.
Over 40 Years in Law: Guided by the Constitution
Reflecting on his professional journey, Justice Gavai recalled that he served as a lawyer for 18 years and as a judge for more than 22 years. Throughout this span of over four decades, he said he was consistently guided by the principles of the Constitution. The ideals of equality, liberty, justice and fraternity were not abstract concepts for him; they were living principles shaping his decisions and his sense of duty.
Even as a lawyer, he was inspired by the Constituent Assembly Debates and the powerful speeches of Dr. Ambedkar, especially those delivered in December 1948 and November 1949. The warning that democracy would crumble “like a house of cards” if social and economic inequalities remained unaddressed deeply influenced his judicial philosophy.
Justice Gavai as a Champion of Environmental Protection
Environmental protection was always close to the heart of Justice Gavai. Even in his early years, as a junior lawyer, he represented organisations such as the Bombay Natural History Society and helped secure crucial orders for protecting tiger reserves like Pench and Tadoba.
As a Supreme Court judge, and particularly while presiding over the environment bench in the last three years, he authored at least 18 significant judgments on environment and ecology. Under his watch, the court passed many orders to protect forests, wildlife, and fragile ecosystems.
One of his first judgments in Court No. 1 dealt with a prime parcel of land in Pune that had been illegally allotted to a builder, despite being reserved forest land. Justice Gavai directed that the land be restored to the forest department and used only for conservation, effectively creating much-needed “green lungs” for the city.
Remarkably, one of his last judgments as Chief Justice concerned the protection of the Aravalli hills and ranges, which act as a natural barrier against the spread of the Thar desert. He warned that if the Aravallis are destroyed, regions like Delhi could eventually face desertification. His environmental legacy reflects a deep commitment to intergenerational justice.
Social Justice and the Reality of Unequal Starting Points
Justice Gavai has consistently stood for social justice. One of the early instances he recalled was as a government counsel in the year 2000, when a court order mandated the demolition of all slums in Nagpur within a week. Recognising the devastating human and law-and-order consequences of such an order, he challenged it and secured a stay, thereby protecting thousands of vulnerable residents.
Years later, as a Supreme Court judge, he had the opportunity to regularise slum dwellings in another matter, balancing forest preservation with the rights of long-settled inhabitants. This continuity — from advocate to judge — gave him a profound sense of satisfaction.
One of the most debated judgments associated with Justice Gavai dealt with sub-classification within Scheduled Castes. He was candid about the criticism he faced, including from within his own community, but he defended the core idea: that true equality requires recognising unequal starting points.
He posed a powerful question: can a son of a senior officer who studies in the best schools be asked to compete on the same footing with a tribal or Dalit student in a remote village school with no resources? To Justice Gavai, Article 14 does not demand mechanical sameness. Instead, it calls for substantive equality that lifts those who are left behind.
Liberty and the Role of the Supreme Court
Another pillar central to Justice Gavai’s judicial philosophy is liberty. In his farewell reflection, he narrated how he and his colleagues took up urgent matters where personal liberty was at stake, even late in the evening. He was disturbed by cases where interim protection was denied, leaving individuals exposed to arrest and harassment.
For Justice Gavai, prolonged incarceration without trial amounts to punishment without conviction. He held that the right to life and personal liberty under Article 21 is a “supervening right” that cannot be casually overridden by procedural or statutory restrictions. The Supreme Court, in his view, must remain the true custodian of liberty.
Defending Judicial Independence and the Rule of Law
In a recent and widely noted decision, Justice Gavai emphasised that judicial independence, including that of tribunals, forms a basic feature of the Constitution. Tribunals, he said, are an integral part of the justice system and their independence cannot be compromised by executive control or structural imbalance.
He also takes pride in the so-called “bulldozer justice” or demolition judgments, where the court held that families cannot be rendered homeless merely because a person is under suspicion or even convicted. The right to shelter, he reiterated, is an essential component of the fundamental rights guaranteed by the Constitution.
The Bar and Bench: Two Wheels of the Same Chariot
In his farewell address, Justice Gavai gracefully acknowledged the vital role of the legal fraternity. He described the bar and bench as “two wheels of the golden chariot of the institution of judiciary” — neither superior nor inferior to the other. The bar, he reminded, is the mother of judges, for it is from the bar that judges emerge.
He also highlighted his efforts to accept and address genuine demands of the bar, including infrastructure, chambers, and facilities. He insisted that any court complex must be designed not just for judges, but equally for lawyers and litigants, for whom the entire system exists.
Leadership in Appointments and Access to Justice
On the administrative side, Justice Gavai and his colleagues in the collegium were instrumental in appointing more than 100 judges to High Courts across India. He expressed special happiness for the increased strength in his own parent High Court as well as other major High Courts.
He strongly believed in decentralising access to justice. The creation and strengthening of benches such as those at Nagpur and Aurangabad meant that litigants from distant districts no longer needed to undertake expensive and exhausting journeys to Mumbai. Lawyers too, he observed, were pleased with the improved disposal rates and easier access.
Learning from Colleagues and the Value of Collegiality
Justice Gavai warmly acknowledged his colleagues on the bench, describing the process of judging as one of “mutual learning.” Many fields, such as insolvency, electricity law and certain aspects of arbitration, were relatively new to him on arrival at the Supreme Court, and he stated that he benefitted immensely from sharing benches with experienced judges.
During his short tenure as Chief Justice, he presided over three Constitution Benches. In some cases, the judges were unanimous from the very beginning; in others, they began with differences but, through dialogue and repeated discussions, eventually arrived at a common view. He regarded this consultative, dialogic process as an essential strength of constitutional adjudication.
Behind the Bench: Registry, Researchers and Law Clerks
In characteristic humility, Justice Gavai underlined that although judgments are pronounced in the names of judges, they are the product of the hard work of an entire institution. From court attendants to the Registrar General, the staff of the Supreme Court plays a vital role in the administration of justice.
He particularly praised the Centre for Research and his team of law clerks, describing them as indispensable partners in the judicial process. He acknowledged that they often work as hard as, if not harder than, the judges themselves. He also expressed grief at the untimely loss of a young and promising member of his team.
Family Sacrifices and a New Phase of Life
Justice Gavai spoke with emotion about the sacrifices made by his family. Weekends rarely existed for him; he would often travel on Friday evenings, spend Saturdays and Sundays with judgments and files, and return to Delhi on Sunday night. His wife’s gentle complaint — that weekends were never truly spent together — was, he admitted, entirely justified.
With retirement, he hopes to find the time he could not give earlier. One of his heartfelt wishes is to work for the welfare of tribal communities in his home district, with whom he has had a close association since the days of his father’s public life.
The Guiding Philosophy of Justice Gavai
In closing, Justice Gavai recalled a simple yet profound teaching from his father: if you can do good for someone, you should; and if you cannot, at the very least, do no harm — not even to your enemy.
He also quoted John Wesley, as cited by Lord Denning, words that he tried to live by throughout his career:
“Do all the good you can, by all the means you can, in all the ways you can, in all the places you can, at all the times you can, to all the people you can, as long as you ever can.”
With characteristic modesty, he concluded that for a judge, the real judgment comes not from the bench but from the bar and the people. On his farewell day, he said, it was for others to decide how successful he had been in following these principles.
Conclusion: Justice Gavai’s Enduring Legacy
The legacy of Justice Gavai is not confined to citations and law reports. It lives in the lives of slum dwellers spared from arbitrary demolition, in forests and hills preserved for future generations, in tribals and marginalised communities given a fairer chance, and in countless individuals whose liberties were protected when it mattered most.
His journey from a modest childhood to the position of Chief Justice of India embodies the promise of the Constitution. As he steps into a new phase of life, Justice Gavai leaves behind a powerful message: that the highest form of justice is rooted in empathy, courage, and a steadfast commitment to do good, and to do no harm.
