Constitution Of India Supreme, All Three Wings Of Democracy Work Under It: CJI BR Gavai

(MENAFN- Live Mint) Chief Justice of India BR Gavai has said the Constitution of India is supreme and all three wings of democracy work under it. The Parliament has the power to amend, but it cannot alter the basic structure of the Constitution, the chief justice said, referring to a judgment passed by the Supreme Court on the foundation of the 'Basic Structure' doctrine.

“While many say and believe that Parliament is supreme, according to me, it is the Constitution of India that is supreme. All three wings of the democracy work under the Constitution,” Justice Gavai, who took oath as the 52nd CJI last month, was quoted as saying by news agency PTI on June 25.

Parliament is supreme: Dhankhar

In April, Vice President Jagdeep Dhankhar launched a tirade against the Supreme Court by claiming that elected legislators were 'ultimate masters' and that Parliament was the supreme existence. "There is no visualisation in the Constitution of any authority above Parliament. Parliament is supreme," he said.

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The Supreme Court on November 5, 2024 held that the validity of a law cannot be challenged for violating the Basic Structure of the Constitution. Authoring the judgment, Chief Justice Chandrachud said the Basic Structure doctrine was made up of“undefined concepts” such as democracy, federalism and secularism.

Constitution is paramount: Justice Gavai

The“basic structure” in the context of the Indian Constitution, refers to fundamental principles that cannot be altered or destroyed by any amendment, even through the procedure outlined in Article 368. These core features are considered essential to the identity and character of the Constitution and the nation

Justice Gavai was speaking at his felicitation in Amravati – his hometown in Maharashtra. He said while some people say Parliament is supreme, in his opinion the Constitution is paramount. There is always a discussion as to which wing of democracy – the executive, legislature or the judiciary – is supreme, he said adding that a judge does not become independent just by passing orders against the government, he said.

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"A judge should always remember that we have a duty, and we are custodians of the rights of citizens and constitutional values and principles. We don't just have power, but a duty is cast upon us," the Chief Justice said.

"We have to think independently. What people will say cannot become a part of our decision-making process," he added.

Referring to his judgment against "bulldozer justice", he said the right to shelter is supreme. CJI Gavai also reminisced about his childhood days, saying while he wanted to be an architect, his father wished that he become a lawyer.

My father wanted to....

"My father had wanted to become a lawyer but was unable to become one, as at the time he was arrested for being part of the freedom movement," he said.

Justice Gavai's father Ramakrishna Suryabhan Gavai was a well-known Ambedkarite leader and founder of the Republican Party of India. His followers and admirers fondly called him Dadasaheb.

A Lok Sabha MP from Amravati, Ramakrishna Gavai served as Governor of Bihar, Sikkim, and Kerala between 2006 and 2011, when the Congress-led UPA was in power at the Centre.

A judge should always remember that we have a duty, and we are custodians of the rights of citizens.

Ramakrishna Suryabhan Gavai died in 2015, four years before his son Bhushan Ramakrishna Gavai or BR Gavai was elevated as a Judge of the Supreme Court of India

(With PTI inputs)

Key Takeaways

• The Constitution of India is the highest authority governing all branches of democracy.
• Parliament can amend the Constitution but cannot alter its basic structure.
• Judicial independence is crucial, and judges must prioritize citizens' rights and constitutional values.

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