Chief Justice of India B. R. Gavai, in his first major public address since assuming office, has emphatically stated that the Constitution of India is supreme, superseding the judiciary, the executive, and the parliament. Speaking at a felicitation ceremony and the State Lawyers' Conference organized by the Bar Council of Maharashtra and Goa on May 18, 2025, the 52nd CJI underscored the importance of all three pillars of democracy working together in harmony to uphold the values enshrined in the Constitution.
Justice Gavai's remarks come amidst ongoing discussions and, at times, tensions regarding the separation of powers and the perceived overreach of one branch of government into the domain of another. His statement serves as a crucial reminder that the Constitution is the ultimate guiding force, and all institutions must function within its framework to ensure the nation's progress and stability. He stated, "Neither the judiciary, nor the executive, nor Parliament is supreme, but it is the Constitution of India which is supreme, and all the three wings have to work as per the Constitution.”
The Chief Justice highlighted the strength of the country's basic structure, emphasizing that the legislative, executive, and judiciary are equal pillars. He urged all organs of the Constitution to reciprocate and give due respect to each other, cautioning against institutional overreach and conflict. This call for institutional synergy and fidelity to constitutional principles was not just a message to the legal community, but a reminder to all stakeholders in India's democracy.
Furthermore, CJI Gavai addressed the concept of the 'basic structure' doctrine, asserting that while the Parliament possesses the power to amend the Constitution, it cannot alter its fundamental features. These features, including the Constitution's supremacy, the rule of law, and the independence of the judiciary, are inviolable and form the bedrock of Indian democracy.
In addition to emphasizing the importance of constitutional supremacy and cooperation among the branches of government, Justice Gavai touched upon the significance of fundamental rights. He specifically mentioned the right to shelter, referring to "bulldozer justice," and stated that this right is supreme. "The right to shelter is a fundamental right. Whether a person is accused of any crime or convicted, the family's house, if legally occupied, cannot be removed or demolished. The rule of law has to be followed."
Justice Gavai also expressed his satisfaction with India's progress on social and economic fronts, attributing it to the strength of the Constitution and the collective functioning of its institutions. He noted that the development seen across sectors has been made possible due to the resilience and dynamism of India's democratic foundations.
The CJI's remarks have been interpreted as a response to recent debates surrounding the roles and responsibilities of different branches of government. Instances such as the President's reference to the Supreme Court regarding timelines for Governors and the President in handling State Bills, as well as comments from the Vice President questioning the involvement of the CJI in executive appointments, have sparked discussions about the separation of powers and the potential for institutional overreach.
Justice Gavai's assertion of the Constitution's supremacy serves as a timely reminder of the fundamental principles that underpin Indian democracy. By emphasizing the need for harmony, mutual respect, and adherence to constitutional values, the CJI has set a tone for his tenure and has reaffirmed the commitment of the judiciary to upholding the rule of law and protecting the rights of all citizens.
