Constitutional Mandate For Schedule Caste Representation Helped My Elevation To Supreme Court: Justice BR Gavai

Supreme Court Judge, Justice BR Gavai in a recent cross-cultural discussion hosted by the New York City Bar Association, expressed how the prominence of affirmative action in the Indian legal framework contributed to his elevation to the Supreme Court of India. 

Justice Gavai explained the impact of diversity, equity and inclusion in the Indian diaspora, and illustrated how his elevation from being a lawyer to a High Court Judge and then as a Supreme Court Judge was because of the idea of social inclusion and affirmative action enshrined in the Constitution.  Justice Gavai was appointed as a judge in the Bombay High Court in 2003 when the High Court had no other Dalit/ Scheduled Caste (SC) judge. In 2019 he was elevated to the Supreme Court essentially for the want of increased representation of judges from the marginalised communities in the Apex Court. 

“That may be one of the factors in my appointment as a High Court judge.....If not for giving representation to Scheduled Castes, I would have been elevated (to the Supreme Court) maybe two years later” opined Justice Gavai. 

The Supreme Court Justice further told how at the time of his elevation, there was no other Judge belonging to the SC community in the top-most Court for almost a decade. He underscored how the constitutional mandate for equity and affirmative action pushed his early elevation to the Apex Court. 

The event spotlighted the role of the judiciary in India and the United States in upholding the rule of law and advancing individual rights. The discussion was moderated by Justice Ushir Pandit-Durant, the first South Asian judge elected to the New York State Supreme Court in Queens. Justice Gavai was accompanied by Judge Joseph Zayas, who rose from a public housing project in West Harlem to become the first Latino judge to serve as Chief Administrative Judge, in New York State. The judges spoke about their personal experiences and struggles in their respective journies so far. 

Rising From Humble Beginnings And Giving Back To The Society: Justice Gavai Recalls 

Justice Gavai shared how his childhood was spent growing up in a slum area and going to a municipal school. His decision to take law subsequently led to his appointment as a judge. As a lawyer, Justice Gavai recalled that the most satisfying milestone of his was helping save the livelihood of a million slum dwellers in Nagpur by successfully seeking an urgent stay from the Supreme Court against demolition orders.  

During his tenure as a High Court Judge, Justice Gavai recollected how one of his judgements in favour of workmen and their rights was reported by the media highlighting, 'High Court Gives Diwali Gift To Millions Of Workers'.  

Judge Zayas, sharing his experiences also added how there was nothing more fulfilling than contributing to save the lives of citizens and facilitating their rehabilitation. 

On The Challenges Of Social Media & Facing Criticism: Justice Gavai Highlights Concerns Over Misusing Online Platforms    

One of the key themes discussed by the Judges involved the impact of social media in moulding public opinion and the challenges the Judiciary faces as a result of the constant influx of people's views.  Justice Pandit-Durant opined that judges should not be affected by public opinion in applying judicial mind. Justice Gavai was one of the view that criticism is reasonable as long as it is fair and constructive, but alerted against online criticism faced by judges through doctored clips. He used the recent example of a doctored clip of the Chief Justice of India (CJI), Dr DY Chandrachud which depicted him leaving the court amidst arguments by a counsel as to show that he is arrogant. 
Justice Gavai also explained that the duties of the CJI were to ensure equal leadership across the different rungs of the judiciary while maintaining its independence. 

On March 26, Justice Gavai delivered a lecture at the Columbia Law School on the topic "75 Years of Transformative Constitution".

Also Read - Principles Of Democracy & Judicial Review Intertwined, Both Form Core Of Basic Structure Of Constitution : Justice BR Gavai