Chief Justice of India B.R. Gavai has recently reaffirmed the paramount status of the Indian Constitution, emphasizing that all three wings of the democracy—the executive, the legislature, and the judiciary—derive their authority and functions from it. Justice Gavai made these remarks at a felicitation ceremony in his hometown of Amravati, Maharashtra.
In his address, Justice Gavai addressed the ongoing discourse regarding the supremacy of different institutions within a democracy. He stated that while there are varying perspectives on whether the Parliament holds supreme power, his firm conviction is that the Constitution of India stands as the ultimate authority. He asserted that all three branches of the government operate within the framework defined by the Constitution.
The Chief Justice referenced the Supreme Court's landmark judgment on the ‘Basic Structure’ doctrine. This doctrine, established in the Kesavananda Bharati case, asserts that while the Parliament possesses the power to amend the Constitution, this power is not absolute. The Parliament cannot alter the fundamental structure or core principles of the Constitution. This limitation ensures that the essential character of the Constitution, which guarantees fundamental rights and democratic governance, remains protected from legislative overreach.
Justice Gavai stressed the critical role of judges as custodians of the Constitution and the rights of citizens. He emphasized that a judge's independence is reflected not merely in passing orders against the government but in upholding the rights of citizens and constitutional values. He urged judges to discharge their duties without being swayed by public opinion or external pressures, stating that decisions must be based on an independent and impartial assessment of the law and the Constitution. "We have to think independently. What people will say cannot become a part of our decision-making process," the CJI said.
The Chief Justice also highlighted the importance of upholding constitutional values in his judgments. He referred to his ruling against what he termed "bulldozer justice," underscoring the significance of the right to shelter as a fundamental aspect of human dignity and constitutional protection.
These remarks from Justice Gavai come amid ongoing discussions about the balance of power between the different institutions of the Indian democracy. His emphasis on the Constitution's supremacy serves as a reminder of the foundational principles that guide the nation's governance. The Constitution not only defines the powers and responsibilities of the government but also guarantees fundamental rights and freedoms to the citizens.
The views expressed by Justice Gavai align with previous statements made by other legal luminaries on the importance of constitutional values. Former CJI D.Y. Chandrachud, for instance, has emphasized "Constitutional Morality" as a means to preserve India's diversity. He cautioned judges against allowing personal biases to interfere with constitutional values, stressing the judiciary's role in upholding tolerance and embracing advancements in justice.
