Constitution of India supreme, its pillars must work together: CJI Gavai

At a felicitation in Mumbai, CJI B R Gavai reiterated that the Constitution, not the judiciary, executive or Parliament, is supreme and urged mutual respect among institutions

Newly appointed Chief Justice of India B R Gavai reiterated his statement that neither the judiciary nor the executive, but the Constitution of India was supreme. He stressed that the pillars of the Constitution must work together.

 

“Neither the judiciary nor the executive and the 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,” he said.

 

Speaking at his felicitation ceremony and the state lawyers’ conference organised by the Bar Council of Maharashtra and Goa in Mumbai on Sunday, CJI Gavai said that he was glad the country had also developed on the social and economic fronts and continued to do so.

 

 

“The basic structure is strong, and all three pillars of the Constitution are equal. And all the organs of the Constitution must reciprocate and give due respect to each other,” he said.

 

A book chronicling 50 landmark judgments pronounced by Justice Gavai was also released at the event. In his speech, the CJI cited a few of his judgments. 

Referring to his judgment against “bulldozer justice”, he said the right to shelter 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,” the CJI said.

 

On Saturday, CJI Gavai also spoke at a felicitation ceremony organised in his honour by the Bar Council of India (BCI).

 

“The only thing I can say is that whatever short period that I have, I will do my best to stand by my oath to uphold the rule of law, to uphold the Constitution of India,” he said.

 

CJI Gavai also spoke about his four-decade-long journey in the legal field.

 

“From 1985 to 2023, I was a member of the Bar, and after my retirement in November 2025, I will be one again. This is like a family celebration for me,” CJI Gavai said.

 

The 52nd CJI also spoke about his ambition to become an architect but chose to become a lawyer in order to honour his father’s wish.

 

“My father couldn’t fulfil his dream of becoming a lawyer due to imprisonment during his youth, but he hoped one of his sons would. As the eldest, I chose to honour his wish,” he said.    CJI Gavai displeased over protocol lapse during first visit to Maharashtra after taking office  

During the event, CJI Gavai also expressed his displeasure over the Director General of Police or the city police commissioner not coming  to receive him during the former's first visit to the state after being elevated to the top post.  “If the Chief Secretary of the state, DGP or Mumbai police commissioner does not want to come there, when the CJI, who is from Maharashtra, has arrived for the first time, it's up to them to think about whether it is right or not,” CJI Gavai said.  “When a chief of an organ or institution is coming for the first time to the state, especially when he too belongs to the said state, whether the treatment they gave was right or not, they themselves should think,” he added. 

   

(With inputs from PTI)