Todays' judges cannot decide matters in black and white: CJI BR Gavai

Chief Justice of India BR Gavai has said that today’s judges cannot decide matters only in black and white. While speaking at a felicitation event organised by the Bar Council of India CJi Gavai remarked, "You move in society, you cannot not be aware about the problems of the society, and today’s judge cannot decide matters only in black and white, totally ignoring the ground reality in the society.".

Justice Gavai added that he had been told that as a supreme court judge and someone who is in line to become a CJI its not good to mix so much with people. But I don’t believe in that theory of isolation, he remarked.

On not giving interviews, CJI Gavai clarified that he does not give any interviews because he cannot make any promises. "I don’t believe in making promises initially and then in the end, the friends from the press themselves criticizing that in his interview he has made so much promises...", he added.

Justice Gavai who assumed the office of Chief Justice of India two days ago, highlighted his feelings after becoming the Chief Justice of India and said, my position doesn't change but my functioning will change. Citing the issue of pendency, CJI Gavai noted, "Vacancies of judges also contributes to the pendency..we on part of the collegium will try to do our best..I would request the solicitor to convey our request to the executive..that by a cooperative approach we must try to fill up the vacancies...".

Justice Gavai added that he along with other members of the collegium cleared the first appointment of a judge belonging to the marginalised section, one of the most backward scheduled tribe from the state of Karnataka.

The CJI also expressed how he always had a desire to become a judge and never hid the same. Reminiscing a conversation with former CJI SA Bobde, CJI Gavai said Justice Bobde told him to accept the position of government pleader that was offered to him and had said, "If you come from the normal channel you may require some more time to come to the bench, but if you become a government pleader, you may get and accelerated route...".

Remembering his father's advice to take up the judgeship offer, Justice Gavai said, "My father said that if you continue as a lawyer you may earn lots and lots of money, but if you become a judge of a constitutional court, you can carry forward the legacy of Dr. Ambedkar...and today I am happy to abide by my father's word...".

CJI Gavai thanked retired Justices Rohintan Nariman and L Nageshwar Rao for shaping his career as a junior judge. On sharing the bench with Justice KV Vishwanathan before assuming the office of Chief Justice of India, CJI Gavai referred to the issue of demolition of structures as a tool of punishment without being permitted to face a trial and said, "Learned Solicitor was fair enough to concede that no such demolitions can take place de hors the provisions of law..that is a judgment which gave utmost satisfaction to both of us...".

In concluding his address, CJI said that he would make an attempt to uphold the Constitution of India and make an attempt to reach the commonest man and the last citizen of this country.