New Delhi: Chief Justice of India (CJI) B.R. Gavai, who demits the highest judicial office of the country on November 23, on Friday reflected on the “swadeshi interpretation” adopted by the Supreme Court in its recent opinion on the Presidential reference, highlighting the top court’s preference for Indian precedents over foreign jurisprudence. Responding to Solicitor General Tushar Mehta’s remark that “a fresh breeze of Indianness has started flowing in the judgments”, CJI Gavai said: “In yesterday’s judgment, we did not use a single foreign judgment and we used swadeshi interpretation.”
SG Mehta, the second-highest law officer of the Centre, said that the 5-judge Constitution Bench has carefully distinguished the American and British systems from India’s constitutional framework. “Your lordships said we have our own jurisprudence, and the 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,” the Solicitor General stated.
The exchange took place during the ceremonial Bench proceedings in Courtroom No. 1 of the Supreme Court, marking CJI Gavai’s last working day before his retirement. Justice Surya Kant, who will take charge as the 53nd Chief Justice of India on November 24, praised Justice Gavai for setting “a high standard” and praised his “unshakable devotion to the rule of law.” Justice Gavai had earlier recommended Justice Kant as his successor, following the established convention of appointing the senior-most judge of the Supreme Court as the Chief Justice of India (CJI).
In a lighter moment that drew laughter across the packed courtroom, a lawyer attempted to shower flower petals on CJI Gavai as a mark of respect. As he opened a packet and prepared to scatter petals, Justice CJI Gavai quickly intervened from the Bench: “No, no, don’t throw… hand it over to someone.”