Justice B.R. Gavai has authored and contributed to several landmark decisions of the Supreme Court of India. His judgments span a wide range of constitutional, criminal, and administrative matters.
Article 370 abrogation Justice Gavai was a member of the five-judge Constitution Bench that upheld the abrogation of
Article 370, which granted special status to the erstwhile
state of Jammu and Kashmir. The Court ruled unanimously that the Presidential orders and the subsequent changes by Parliament were constitutionally valid. The Bench also directed that statehood be restored and that elections be conducted by September 2024.
Electoral bonds scheme struck down In
Association for Democratic Reforms v. Union of India, Justice Gavai was part of the Constitution Bench that unanimously struck down the
Electoral Bonds Scheme, holding it to be violative of citizens' right to information under Article 19(1)(a) of
the Constitution.
Bulldozer demolitions without due process Justice Gavai co-authored a decision that condemned demolition of homes of accused persons by state authorities without following
due process. The Court held that such actions violated the principles of the
rule of law and separation of powers.
Sub-classification among scheduled castes Justice Gavai was part of the seven-judge Constitution Bench in
State of Punjab v. Davinder Singh, which held that sub-classification among Scheduled Castes for more equitable affirmative action is permissible. He emphasized the need to identify and exclude the creamy layer within
SC/ST categories to ensure substantive equality.
Stay on conviction of Rahul Gandhi In 2023, Justice Gavai was part of the Bench that stayed the conviction of
Rahul Gandhi in a criminal defamation case. The Court noted that the conviction had far-reaching consequences, including disqualification from Parliament.
Presidential reference The Supreme Court, in a unanimous advisory opinion on Presidential Reference No. 1 of 2025, held that courts cannot impose timelines on the
President or Governors to act on bills, rejected the idea of deemed assent, and concluded that gubernatorial and presidential actions under Articles 200 and 201 are generally non-justiciable before a bill becomes law, subject to a narrow exception for prolonged constitutional inaction inviting limited directions to act. == Personal life ==