Chief Justice of India (CJI) B.R. Gavai, in his recent address, firmly stated that the Constitution of India is supreme, and all three wings of democracy – the judiciary, the executive, and the legislature – must function within its framework. This declaration emphasizes the importance of the Constitution as the ultimate guiding force for the nation and highlights the need for harmony and mutual respect among the key institutions of the country.
Addressing a gathering at a felicitation ceremony organized by the Bar Council of Maharashtra and Goa, Justice Gavai stressed that no single institution is above the Constitution. He articulated that the judiciary, the executive, and the Parliament are all bound by the constitutional principles and must work in unison to uphold the rule of law. This assertion reinforces the concept of constitutional supremacy, a cornerstone of Indian democracy.
Justice Gavai's emphasis on the supremacy of the Constitution aligns with previous observations made by other legal luminaries. For instance, former CJI D.Y. Chandrachud had described the basic structure of the Constitution as a "north star," guiding judges in interpreting the Constitution, especially when faced with complex situations. This analogy underscores the enduring relevance and guiding nature of the Constitution's fundamental principles. The basic structure doctrine, established in the Kesavananda Bharati case, posits that certain fundamental features of the Constitution, such as its supremacy, the rule of law, and the independence of the judiciary, are inviolable and cannot be amended by the Parliament.
Furthermore, Justice Gavai acknowledged the significant social and economic progress India has made over the years. He expressed satisfaction that the country has not only grown stronger but has also achieved considerable development in various sectors. This observation underscores the resilience and strength of India's constitutional framework, which has facilitated progress while upholding democratic values.
In his address, Justice Gavai also touched upon the importance of mutual respect and cooperation among the different organs of the state. He noted that all institutions of the Constitution must reciprocate and give due respect to each other. This emphasis on mutual respect is crucial for maintaining a healthy balance of power and ensuring the smooth functioning of the democratic system.
Moreover, Justice Gavai referred to his stance against "bulldozer justice," emphasizing the right to shelter as a fundamental right. He asserted that even if a person is accused or convicted of a crime, their family's legally occupied house cannot be demolished, highlighting the importance of adhering to the rule of law and protecting the basic rights of citizens.
It is important to note that Justice Gavai's remarks come amid ongoing discussions and debates about the relationship between the judiciary and the executive. Recently, issues have arisen regarding the timelines set by the Supreme Court for Governors and the President, with some critics suggesting that the court is overstepping its boundaries. In this context, Justice Gavai's emphasis on the supremacy of the Constitution and the need for all three wings of democracy to work together gains even greater significance.
In conclusion, CJI Gavai's statement reinforces the foundational principle that the Constitution is the supreme law of the land, and all institutions must operate within its bounds. By advocating for harmony, mutual respect, and adherence to constitutional principles, Justice Gavai has highlighted the path towards strengthening Indian democracy and ensuring its continued progress.
