Chief Justice of India (CJI) Bhushan Gavai has firmly clarified that the Constitution of India is the supreme authority, not the Parliament, Judiciary, or Executive. Speaking at a felicitation event organized by the Bar Council of Maharashtra and Goa in Mumbai, CJI Gavai addressed ongoing debates about the supremacy of Parliament over the judiciary.
"Constitution Alone is Supreme" – CJI Gavai
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Addressing the controversy over who is supreme among the three pillars—Judiciary, Executive, and Parliament—CJI Gavai stated:
"On being asked about the issue of who is Supreme, whether Judiciary or Executive or the Parliament? I can say that the Constitution of India is the only supreme, and all the three pillars of the country - Judiciary, Parliament, and Executive - have to work together for the Constitution."
His remarks seemed to counter the comments made by Vice President Jagdeep Dhankhar, who had criticized the judiciary, accusing it of acting as a "super Parliament." Dhankhar's comments came after the Supreme Court's intervention in the Waqf Amendment Act case, where the court set timelines for the President and Governor to act on Bills.
The speech also referenced a previous statement by former CJI Sanjiv Khanna, who emphasized the importance of constitutional boundaries:
"Each branch of the State in a democracy, be it the legislature, executive, or judiciary, especially in a constitutional democracy, acts within the framework of the Constitution."
Former CJI Khanna further explained that the power of judicial review is a constitutional authority given to the judiciary to assess the legality of statutes and ensure their compliance with constitutional principles.
CJI Gavai also highlighted the significance of the Kesavananda Bharti case, a landmark judgment that reinforced the "Basic Structure Doctrine" of the Constitution. According to him, this ruling has ensured the smooth functioning of the country’s three pillars—Executive, Legislature, and Judiciary.
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"I can say that it has helped the country's three pillars - Executive, Legislature, and Judiciary, work smoothly," CJI Gavai noted.
Reflecting on his personal journey, CJI Gavai shared that he initially aspired to become an architect but chose law due to his father, Ramkrishna Gavai. He credited his success to Dr. B.R. Ambedkar's ideology and the values imparted by his parents.
"Whatever I am today, is because of Dr. B.R. Ambedkar's ideology and also because of the 'sanskar' I got from my parents," he said.
"Transparency is the Key" – Justice Abhay Oka
Justice Abhay Oka, who also attended the event, praised CJI Gavai, highlighting the "transparency" brought in the judiciary by former CJI Khanna and expressing confidence in CJI Gavai's leadership.
"Rule of Law is Essential" – Justice Surya Kant
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Justice Surya Kant emphasized that a strong "rule of law" is crucial for the country’s progress and expressed confidence that CJI Gavai will continue to uphold the constitutional values.
"For the country to flourish, we will need a strong rule of law, and I am sure you will continue to contribute like this. The Supreme Court is in very strong hands," Justice Surya Kant stated.
