Key Judgments
Justice Gavai has played a significant role in several cases of constitutional and social importance in the Supreme Court. Some of his notable judgments are as follows: Article 370 (Jammu and Kashmir)In December 2023, Justice Gavai was part of a five-judge constitutional bench that unanimously upheld the central government’s decision to revoke Article 370 on 5 August 2019. This decision approved the ending of Jammu and Kashmir’s special status and its division into two Union Territories. This marked a historic change in India’s administrative and political framework.
In January 2023, Justice Gavai was part of a five-judge constitutional bench that upheld, by a 4:1 majority, the central government’s decision to demonetise ₹500 and ₹1000 notes on 8 November 2016. This judgment validated the demonetisation process and its objectives (curbing black money and counterfeit currency).
In 2023, Justice Gavai was part of a five-judge bench that declared the Electoral Bonds Scheme unconstitutional and void. This scheme allowed anonymous donations to political parties, and this judgment was a significant step towards transparency in political funding.
In 2024, the bench of Justice Gavai and Justice K.V. Viswanathan issued nationwide guidelines against the demolition of properties using bulldozers in the name of illegal construction or punitive action. The judgment mandated prior notice and a 15-day interval, curbing the arbitrariness of the executive.
In 2022, a bench headed by Justice Gavai ordered the release of six convicts in the Rajiv Gandhi assassination case after more than 30 years of imprisonment. This decision was based on the Tamil Nadu government’s recommendation for release and the inaction of the Governor.
In 2024, Justice Gavai was part of a seven-judge bench that approved sub-categorisation within Scheduled Caste reservations. In his separate judgment, he suggested that economically well-off Scheduled Caste communities should voluntarily relinquish reservations, sparking a new discussion on social justice.
Justice Gavai was part of the bench that granted relief to Congress leader Rahul Gandhi in the ‘Modi surname’ case. This judgment stayed his conviction, leading to the restoration of his Lok Sabha membership.
Justice Gavai was part of a seven-judge bench that ruled that agreements without stamp duty under the Stamp Act are invalid. This was a decision that brought clarity to commercial and legal transactions.
Justice Gavai adopted a strict stance in the case of the destruction of 100 acres of forest in Hyderabad’s Kacha Gachibowli. He headed the bench hearing cases related to forest conservation, prioritising environmental protection.