 "CJI Gavai backs supremacy of Constitution over three wings of democracy")
Chief Justice of India B R Gavai on Wednesday said that the Constitution stands as the supreme authority in the country, and all three pillars of democracy (legislature, executive, and judiciary) function under it. His remarks come amid ongoing discussions about the balance of power between these institutions.
Speaking at a felicitation event in his hometown Amravati in eastern Maharashtra, news agency PTI quoted Justice Gavai as saying, “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 democracy work under the Constitution.”
Justice Gavai, who was sworn in as the 52nd Chief Justice of India last month, addressed the long-standing debate over which democratic institution holds ultimate authority. He cited the Supreme Court’s landmark judgment establishing the ‘Basic Structure’ doctrine, which restricts Parliament from making changes that alter the core principles of the Constitution. “Parliament has the power to amend, but it cannot alter the basic structure of the Constitution,” he said.
Judges must uphold constitutional values
The Chief Justice further observed that the independence of a judge should not be defined by passing orders against the government but by upholding the Constitution.
“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.
Vice President Dhankhar’s critique of judiciary
Justice Gavai’s comments follow recent criticism of the judiciary by Vice President Jagdeep Dhankhar and some members of the ruling BJP. The criticism was aimed at a Supreme Court verdict that set deadlines for the President and Governors to clear pending Bills. The ruling also used Article 142 to bring into effect 10 laws passed by the Tamil Nadu Assembly that had not received executive assent.
In April at Delhi University, Dhankhar called the move an instance of judicial overreach. “Parliament is supreme,” the Vice President said, arguing that elected representatives must remain the final authority on constitutional matters. “Elected representatives will be the ultimate masters of what the constitution will be and there won’t be any authority above it,” he had said.
[With agency inputs]