Members of marginalised communities have been able to reach top government positions due to "affirmative action" of the constitution, Supreme Court Judge Bhushan Ramkrishna Gavai has said while citing that his elevation to the apex court was advanced by two years as there was no judge from the Dalit community.
Speaking at a cross-cultural discussion hosted by the New York City Bar Association, Justice Gavai shared that when he was appointed as a judge in the Bombay High Court in 2003, he was a leading lawyer, and that there was no judge from Dalit/Scheduled Caste community in the High Court.
The SC judge said his appointment to the Supreme Court of India in 2019 was made solely on the account of giving representation to the Scheduled Castes in the Supreme Court, as there was no judge in the apex court who came from the SC community for almost a decade.
He added that it is only because of the Indian Constitution and its mandate of affirmative action and inclusion, that he would be able to serve in the highest judicial office.
“If not for giving representation to Scheduled Castes, I would have been elevated maybe two years later," said Justice Gavai, who is in line to become the Chief Justice of India in May 2025.
On being asked about his background, Justice Gavai shared his humble origins of growing in a slum area, and going to a municipal school, and then taking up law and subsequent elevation as a judge.
When a question was posed on the duties of the Chief Justice of India, Justice Gavai responded that the CJI provides equal leadership to the entire judiciary in India, and maintains independence of the judiciary.
Born on November 24, 1960 at Amravati, Justice Gavai joined the Bar on March 16, 1985.
He was elevated as Additional Judge of the High Court on November 14, 2003 and became a permanent Judge of the Bombay High Court on November 12, 2005.
Justice Gavai was elevated as a Judge of the Supreme Court of India on May 24, 2019 and due to retire on November 23, 2025.
