‘Courts aren’t arenas for political battles’: Former CJI BR Gavai

New Delhi, Nov 27 Former Chief Justice of India B.R. Gavai on Thursday reflected on his tenure at the country’s highest judicial office, asserting satisfaction with his work while addressing contemporary challenges, from social media attacks and AI misuse to allegations of political interference in the judiciary.

In his detailed interview with IANS after demitting office, Justice Gavai spoke about constitutional values, “bulldozer justice”, women’s representation in courts, and his plans for social service, firmly reiterating that courts must not become platforms for political contests and that India’s Constitution remains secure.

Excerpts:

IANS: How satisfied are you with your tenure as the CJI, and what were the things you wanted to do but could not do?

Gavai: I am happy and satisfied with my tenure as the CJI. There's no such thing which I wanted to do but could not.

IANS: How do you react to the social media accusations and the threat that they pose to the judiciary?

Gavai: Everyone from the executive to the legislature to the judiciary faces the nuisance of social media. Technology is a boon, but a lot of misuse of technology is also happening. For that, everyone needs to come on board and work together. But the priority should be Parliament; they can come up with an enactment which can control all these menaces.

IANS: We are seeing the rise of AI and its misuse. Don't you think that it is creating a lot of trouble? Even an AI video of you was circulated on social media, but you forgave that case, showing your maturity.

Gavai: Technology is a boon, but there are so many disadvantages as well. Parliament should enact legislation to address all these threats.

IANS: You've said earlier that after retirement, you would work in social service and would work in your area.

Gavai: I had said earlier that I would work for the tribal people in the Belghat area. I had an old relationship with them. During my father's campaigning time, I used to go with him there. I would like to devote some time to social service there.

IANS: People are saying that you would carry on your father's legacy and might enter politics?

Gavai: There's no such plan as of now to go into politics. I haven't decided yet about my future course, and as of now, I am just resting. After so many years, I am free now, and I would like to be free for some time now. After that, we will see.

IANS: What about your post-retirement? And is it wrong to take any role in post-retirement?

Gavai: I haven't said anything that taking any role after retirement is wrong. It's anyone's personal decision. Anyone who takes up a role is completely in their decision. After decades of working in the judiciary, and if one feels that after retirement, one's experience could be of use to any institution, there is no wrong in that. When I became a judge in the Supreme Court in 2019 and when I became CJI in 2025, I had repeatedly stated that I would not take any government office post-retirement.

IANS: You had given a historic judgment on 'bulldozer justice', but even today, some states are not implementing it. Don't you think that some strict action should be taken in this regard?

Gavai: It's all about implementation. In the judgment itself, we said that if anyone violated this, strict action would be taken against them. Those officers who violate this could be charged with contempt. We laid down the entire procedure. We've given citizens the liberty to approach the high court to address their grievances. Even during my time, some contempt petitions were filed. But we could not do it due to time constraints.

IANS: We celebrated Constitution Day on Wednesday. What is your perspective on Baba Saheb Ambedkar's dream and constitutional values?

Gavai: I come from a humble background, and my father was a staunch believer in Ambedkar. Whatever I've achieved today is because of Baba Saheb's teachings and the Indian Constitution. Baba Saheb envisioned not just political justice, but also social and economic justice. He believed that democracy would function properly only when political democracy was accompanied by social and economic democracy. Therefore, our three institutions (legislature, executive, and judiciary) should work together. Justice should reach every citizen of the country at an affordable cost. This is my tribute to Baba Saheb.

IANS: Is the Constitution given by Ambedkar under threat?

Gavai: No, I don't think so.

IANS: Some political leaders say that the constitution is under threat. How do you see this?

Gavai: I don't believe the Constitution is in danger. The 1973 Kesavananda Bharati judgment is very clear. That judgment clearly states that Parliament cannot change the 'basic structure' of the Constitution. The Constitution cannot be changed at all." And this applies to all institutions. And even after that, if someone thinks that the constitution is under threat, then I think it's not just.

IANS: As your tenure as CJI, you've given historic judgments, but at the end of your career, some people and social media say that you are anti-Sanatan. What would you say about trolling against you on social media?

Gavai: I don't use social media. I never said anything like that about Lord Vishnu, but it was distorted. I believe that a judge should not make a decision based on the likes and dislikes of social media. When facts and evidence are presented, the decision should be based on the law.

IANS: Does the government interfere in the judiciary, including in the domain of the transfer of judges?

Gavai: No, this is wrong. The government does not interfere in the judiciary. Yes, when the Collegium makes a decision, many factors are considered. The opinions of the executive, the IB, and the Law Ministry are taken. The place where the Chief Justice is being transferred, the input of the Chief Minister, and the Governor are all taken into account. But this does not mean that the Collegium works under any pressure.

IANS: What would you say about the Justice Yashwant Verma case?

Gavai: When that matter happened, I and Justice Surya Kant (now the CJI) were in Kenya for a conference. The Speaker of Parliament has formed an inquiry committee headed by a Supreme Court judge in this matter, and the process is ongoing. Therefore, it would not be appropriate to comment on it.

IANS: Current CJI Surya Kant recently said that he can't even go for a walk as the pollution level in Delhi is so high. Is judicial intervention the solution to Delhi's pollution?

Gavai: No. The judiciary can only issue orders, but they cannot be implemented. It is the executive's job to do so. I've seen that the machinery to tackle this is not fully equipped. Pollution control boards of Delhi and in other states, many vacancies are still pending. If there are no staff, how will you implement the order?

IANS: We have seen the judiciary several times being roped into politics. Leader of the Opposition (LoP) Rahul Gandhi raised the issue of 'Vote Theft' but did not file a case in court. Do you think that the judiciary is unnecessarily being roped into politics?

Gavai: I have always maintained that the court should not be made a medium for political battles. The judiciary should not be used for political fights; these must be fought before the electorate.

There have been multiple instances where cases were filed against politicians. I have said openly that neither central nor state investigative agencies should be misused for political purposes. During my tenure, I handled two such cases — one involving senior Karnataka politicians facing Enforcement Directorate action, and another involving a Member of Parliament from the ruling party.

In both matters, I made it clear that investigative machinery cannot be used to settle political scores. I granted relief in both cases because political contests should be resolved before the people—not in the courts.

IANS: How do you see the Prime Minister Narendra Modi’s visit to former CJI D.Y. Chandrachud’s residence?

Gavai: I don’t want to comment on any individual matter. The executive, legislature, and judiciary -- these three institutions work for the citizens of this country to deliver justice and solve their problems. These institutions are independent and function within their own domains while discharging constitutional duties. So even if they meet, there is nothing wrong with that.

IANS: Do you believe that criticism of judges should exist?

Gavai: Criticism of judgments is always welcome. Judges are also human beings, and they might make the wrong decision. But criticism of judges at a personal level and trolling them is not right. This is not justified.

IANS: It is being seen that women are not equally represented in the judiciary. How do you see this?

Gavai: Women's representation should increase in the judiciary. A research has been published two to three days back, which says that during my tenure, the appointments in the high court, there was substantial representation of women. Even though two women lawyers are working in the Supreme Court, their names have been recommended to the Allahabad High Court, and they are now working there. The strength of women lawyers is also increasing.

IANS: What is your message for the betterment of the judiciary?

Gavai: What message can I give? The judges of the high court and the Supreme Court, including the former, are all knowledgeable, and everybody knows how to discharge their duties for the betterment of the institution and country.

IANS: What are your thoughts on Maoism?

Gavai: I am happy that Maoism is disappearing from many areas today. Gadchiroli in Maharashtra was once a major centre, but today it has diminished considerably.

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