Chief Justice of India B R Gavai on Friday said that the five-judge Constitution bench which decided on the Presidential Reference matter had relied only on “swadeshi interpretation.”
"In yesterday's judgment, we did not use a single foreign judgment and we used Swadeshi interpretation", CJI Gavai said, citing the latest example of the opinion in the Presidential Reference on whether timelines can be set for Governors and Presidents in dealing with State Bills.
The CJI made this comment in response to a statement by Solicitor General of India Tushar Mehta that after Justice Gavai took over as the CJI and also with Justice Surya Kant "a fresh breeze of Indianness has started flowing in the judgments", according to a report by Live Law.
"Your lordships said we have our own jurisprudence, and the constitution bench 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," SGI Mehta pointed out.
The exchange took place during the ceremonial bench proceedings in Courtroom No 1, held to bid farewell to CIJ BR Gavai on his last sitting day before retirement on November 23.
The Chief Justice designate, Justice Surya Kant, also addressed the ceremonial bench and said that his task would be difficult, as CJI Gavai had set very high standards.
"He (Gavai) has set high standards, which makes my task more daunting. He was truly a brother. We were elevated together to the Supreme Court, and it was in 2003-2004 when we first met. It was two decades ago. He became my trusted confidante." Justice Kant said.
Kant further emphasised that Gavai has always placed merit and excellence at the centre of judicial philosophy and worked tirelessly to cultivate the same.
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