BR Gavai, the outgoing Chief Justice of India (CJI), who steps down from the post on Sunday, said on Friday that he made his best attempts to stick to the "Swadeshi" interpretation of law rather than citing British and American cases while writing his judgement.
The latest example of the same, he said, is the five-judge constitutional bench opinion in the Presidential Reference on powers of governors. Gavai said that he made sure he preferred Indian precedents (case laws) over foreign jurisprudence to give a verdict.
The above comments were a response to a statement by Solicitor General of India (SGI) Tushar Mehta that after Gavai took over as the CJI and also with Justice Surya Kant, "a fresh breeze of Indianness has started flowing in the judgments."
"In yesterday's judgment, we did not use a single foreign judgment and we used Swadesi interpretation," Gavai replied, referring to the opinion in the Presidential Reference on whether timelines can be set for Governors and Presidents in dealing with State Bills.
The five-judge bench had distinguished the American system and the UK Crown system from the Indian Constitution.
"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 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.
"His devotion to the rule of law has always been unshakable. His voice in such moments has been clear and decisive." Kant added.
