Gavai Retires from SC, Environmental Clearance, Jim Corbett Park, Presidential Reference & More

“Dr Ambedkar always advocated for social and economic justice. I always tried to do justice wherever possible by balancing fundamental rights with directive principles of state policy… When India is celebrating 75 years of Indian constitution, I take pride in contributing to the economic and social equality aspect.”

— B.R. Gavai during the ceremonial bench held on his last working day as Chief Justice of India. 

BR Gavai’s mixed-bag of a legacy as the chief justice of India
This week marked the end of Chief Justice of India B.R. Gavai’s tenure, the first Buddhist and only the second Dalit jurist to hold the highest judicial office. His term, considerably shorter than both his predecessor D.Y. Chandrachud’s and his successor-designate Surya Kant’s, leaves behind a mixed-bag on the administrative and judicial fronts.

One of Gavai’s earliest moves after taking office was symbolic where he restored the Supreme Court’s old logo and institutional structure, effectively reversing changes introduced by Chandrachud. As head of the collegium, he presided over a number of appointments, elevations, and transfers that reshaped several high courts. While a number of OBC and minority persons were recommended for judgeship to high courts Gavai himself expressed regret over not appointing any woman judge to the Supreme Court during his tenure – something he acknowledged at a farewell hosted by women members of the Supreme Court Bar.

On the judicial side, Gavai voiced particular satisfaction with his judgment curbing the rising trend of “bulldozer justice,” casting it as a reaffirmation of natural justice principles. During the ceremonial bench on his last working day, Gavai said it made him happy that his first judgment as the chief justice of India was an environment case. But his benches also delivered decisions that raised eyebrows among environmentalists from permitting “green” firecrackers in the pollution-stricken national capital to reviving retrospective environmental clearance for projects by reversing the top court’s previous ruling effectively making prior clearance optional for existing projects.

The bar’s response to Gavai over the months mirrored this duality. He faced a shoe-hurling incident by one lawyer just weeks ago, only to be greeted on his final day by another advocate seeking permission to shower him with flower petals.

Key Rulings:

• Ruling on the presidential reference against its previous judgment, the Supreme Court has now held that there can be no timeline imposed on the Governors or the President for giving their assent to bills and there cannot be a deemed assent assumed
• Supreme Court accepts government’s definition of Aravalli hill to be a landform within Aravalli district above the elevation of 100 metres. The court has barred grant of fresh mining licences till the union government prepares a management plan for sustainable mining
• Supreme Court strikes down the requirement of a 25 year practice of a chartered accountant to be appointed as accountant member of the Income Tax Appellate Tribunal
• Supreme Court quashes some key provisions of the Tribunal Reforms Act on appointment, tenure etc stating that they were reproduced from a previous ordinance which was quashed by the top court in 2021
• In a curative ruling, the Supreme Court allows retrospective environmental clearance granted to projects overturning its previous ruling which had held ex post facto clearance illegal
• Supreme Court bars tiger safari in core and critical tiger habitat areas of Jim Corbett along with night tourism

Courts:

• Madras High Court grants protection for personality rights of music composer Ilaiyaraaja; Delhi High Court protects Podcaster Raj Shamani’s but allows satire and parody
• Delhi High Court suspends more around thirty websites offering unauthorised download of copyrighted music on a petition by music label Saregama
• Supreme Court issued directions for the union government to frame national policy and uniform rules for efficient organ donation and allocation
• Supreme Court issues notice on a PIL seeking probe into the Rcom-Bank fraud case alleging collusion by banks and absence of probe into the banks’ role by the investigating agencies
• NGT bar association petitions the top court to urgently act o  filling up vacancies in the green tribunal’s principal bench at Delhi stating that the lack of members may force the tribunal to shut down
• Supreme Court seeks union government and DGCA’s responses on a petition seeking a regulatory curb on unfair pricing of flight tickets by airline operators

Quasi Courts:

• Trademark registry accepts first olfactory trademark application made by Sumitomo Rubber Industries over their infusion of floral smell to tyres

Other:

• CJI BR Gavai demits office of the top judge; CJI designate Surya Kant to take oath of office on Nov 24

The Big Listings:

• Nov 17: Supreme Court to hear Delhi NCR air pollution matter
• Nov 24: Supreme Court to continue hearing bail pleas by students and activists in Delhi riots of 2020 case
• Nov 26: Supreme Court to hear a batch of petitions that challenge the validity of the newly passed law that bans online gaming platforms
• December: Supreme Court to hear Sahara’s plea for court’s nod to sell its properties to Adani to raise funds
• Jan 19: Securities Appellate Tribunal to hear appeal by Jane Street challenging SEBI’s move to allegedly refuse access to important documents to the firm in the case against it

* The dates of hearing can change and a concrete list is prepared just a day before

Legal Moves:

• Vivek Sharma appointed Advocate General of Chhattisgarh days after former AGPrafull Bharat resigns
• Sudhanshu Roy made partner at Foley Hoag
• Rohit Kumar of Ola joins ArcelorMittal Nippon as General Counsel
• Janhvi Chadha and Priya Adlakha made partner at Fidus Law Chambers
• King Stubb and Kasiva sets up Media & Entertainment practice in Mumbai
• Gagan Kumar joins Khaitan Legal Associates as partner after merging KrishnomicsLegal with the firm