‘Swadeshi Interpretation’ Guides SC’s View On Presidential Reference, Notes CJI Gavai

Chief Justice of India BR Gavai used his final working day in the Supreme Court to underscore a notable shift in judicial reasoning.

Reflecting on the Supreme Court’s recent opinion on the Presidential reference, he emphasised that the top court adopted a fully ‘swadeshi interpretation’ by relying entirely on Indian precedents instead of using foreign judgments.

This approach, he said, demonstrated the strength and maturity of India’s constitutional jurisprudence.

Responding to comments from Solicitor General Tushar Mehta, CJI Gavai further highlighted that the five-judge Constitution Bench had deliberately refrained from citing American or British rulings.

“In yesterday’s judgment, we did not use a single foreign judgment and we used swadeshi interpretation,” he noted. SG Mehta endorsed this shift, saying that a ‘fresh breeze of Indianness’ was now evident in the Supreme Court’s decisions.

He added that the judgment—spanning 110 pages—clearly separated India’s constitutional structure from Western legal systems, showing confidence in domestic principles and judicial understanding.

Ceremonial Farewell in Courtroom No. 1

The exchange took place during ceremonial Bench proceedings in Courtroom No. 1, marking CJI Gavai’s final day on the Bench before retirement.

The courtroom was packed with lawyers, judges, and dignitaries paying their respects.

Justice Gavai earned recognition for his clear thinking, strong administrative contributions, and unwavering commitment to constitutional values.

Justice Surya Kant, who will assume office as the 53rd Chief Justice of India on 24 November, delivered a warm tribute.

He praised Justice Gavai for setting ‘a high standard’ in judicial conduct and for his ‘unshakable devotion to the rule of law’.

Justice Gavai had earlier recommended Justice Kant as his successor in line with the established convention.

Amid the solemn occasion, a light-hearted moment brought smiles across the courtroom. A lawyer, intending to honour the outgoing Chief Justice, attempted to shower flower petals inside the courtroom.

Noticing this, CJI Gavai intervened with a humorous yet firm remark from the Bench, “No, no, don’t throw… hand it over to someone,” prompting laughter and easing the emotional atmosphere.

However, CJI Gavai’s remarks on ‘swadeshi interpretation’ may signal a broader jurisprudential trend, encouraging future Benches to build more consciously on India’s own constitutional foundations.

As Justice Surya Kant prepares to take charge, the judiciary is set to continue strengthening its independent, indigenous legal identity.

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