CJI B R Gavai said the Constitution is above all democratic institutions in India. He emphasized that even Parliament cannot change its basic structure.
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Amravati: Chief Justice of India (CJI) B R Gavai on Wednesday said that the Constitution of India is the most powerful authority in our country. He clearly stated that all three main parts of democracy — the legislature, the executive, and the judiciary — work under the Constitution and not above it.
CJI Gavai, who recently took oath as the 52nd Chief Justice of India, was speaking during a felicitation event held in his hometown Amravati, in the eastern part of Maharashtra. He was warmly welcomed by people from his native city.
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He said that even though many people say Parliament is the supreme authority, he personally believes the Constitution is truly supreme.
“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,”
-he said.
He spoke about the important Supreme Court judgment on the Basic Structure doctrine, which says that Parliament can make changes (amendments) to the Constitution, but it cannot touch or remove its core values.
He made it clear that no one, not even Parliament, can change the basic structure of the Constitution.
He added that there is often a debate about which part of democracy — the legislature (Parliament), the executive (government), or the judiciary (courts) — is the most powerful. But in his view, the Constitution is above all.
CJI Gavai also talked about what it means to be an independent judge. He said that just giving a decision against the government does not make a judge independent.
“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,”
-he said.
He said judges should never worry about public opinion while making decisions.
“We have to think independently. What people will say cannot become a part of our decision-making process,”
-he added.
The Chief Justice shared that he always lets his work and judgments speak for themselves. He strongly believes in protecting the fundamental rights given by the Constitution.
He also referred to a famous judgment he gave, opposing the idea of “bulldozer justice”, where he protected people’s right to a home.
He said the right to shelter is extremely important and should not be taken away unfairly.
Finally, CJI Gavai spoke emotionally about his childhood dreams and family background. He shared that he originally wanted to become an architect, but followed his father’s wish to become a lawyer.
“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.
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