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New Delhi, Nov 23 (IANS) Outgoing Chief Justice of India (CJI) BR Gavai, who is retiring from the country’s highest judicial post on November 23, has clearly said that he will not accept any government post after retirement.
While interacting with the media persons, CJI Gavai made several important comments on the recent opinions of the Supreme Court in the context of judicial independence, reservation policy, social media and the President.
Speaking about life after retirement, CJI Gavai said he plans to take “10 days’ rest” before deciding on his next move, but added that social service will remain the center of his life.
“Social work is in our blood… I intend to work in tribal areas,” he said.
Advocating reforms in the reservation framework, CJI Gavai stressed the need to extend the creamy layer principle to the SC/ST quota to ensure that the benefits of affirmative action reach “those who truly need it”.
On the issue of Justice Yashwant Verma, he refused to comment saying that the matter is now with Parliament.
Asked whether an FIR should be registered immediately if cash is found at a judge’s residence or whether the CJI’s approval is required in such cases, he again declined to comment.
Expressing concern over the distortions created by online platforms, the CJI said social media has become “a problem” not only for the judiciary but for all arms of the government.
CJI Gavai remarked, “Things we don’t even say are written and shown.”
“It is not right to say that if you give a judgment in favor of the government, you are not an independent judge,” he said, dismissing suggestions that a judge’s impartiality is compromised merely because the judgment is in favor of the government.
Clarifying the Supreme Court’s recent opinion on Presidential references regarding bills pending before Governors and the President, CJI Gavai said the Constitution Bench has not erred in any earlier decision of a two-judge bench.
“We have not canceled the earlier decision. We have only clarified what the constitutional position should be for the future,” he said.
The remarks came a day after formal bench proceedings, where CJI Gavai had highlighted the adoption of “indigenous interpretation” by the apex court in its latest Constitution bench opinion.
Responding to Solicitor General Tushar Mehta’s comment that “a fresh wind of Indianness has started blowing in the judgments”, CJI Gavai on Friday said: “In yesterday’s judgment, we did not use a single foreign decision and we used the indigenous interpretation.”
SG Mehta, the Centre’s second-highest law officer, praised the bench for clearly distinguishing India’s constitutional framework from the American and British systems.
He said, “Your Majesty said we have our own jurisprudence, and the judgment answered everything in just 110 pages. This is a new thing. The judgment should be a judgment, not an article for review of law.”
–IANS
PDS/PGH