Constitution of India supreme, all its pillars must work tog
Constitution of India supreme, all its pillars must work together: CJI B R Gavai
Chief Justice of India B R Gavai on Sunday stressed that neither the judiciary nor the executive, but the country's Constitution was supreme and its pillars must work together
Chief Justice of India Bhushan Ramkrishna Gavai and Chief
Justice of Bombay High Court Alok Aradhe during the State Lawyers Conference
organised by Bar Council of Maharashtra and Goa, in Mumbai, Sunday, May 18,
2025. (PTI Photo/Kunal Patil)
MUMBAI —
Chief Justice of India B R Gavai on Sunday stressed that neither the judiciary
nor the executive, but the country's Constitution was supreme and its pillars
must work together.
Even though Parliament has the power to amend the
Constitution, it cannot touch the “basic doctrine” structure, he said,
underscoring the supremacy of the Constitution. The right to shelter is also
supreme, he said, referring to “bulldozer justice”.
Justice Gavai, who took oath as the 52nd CJI earlier this
week, spoke at his felicitation ceremony and state lawyers’ conference
organised by the Bar Council Maharashtra and Goa here.
The CJI said he was glad that the country has not just
strengthened but has also developed on the social and economic fronts and
continues to do so.
“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,” he said.
The basic structure doctrine holds that certain fundamental
features of the Constitution, such as its supremacy, the rule of law, and the
independence of the judiciary, cannot be amended or abrogated by Parliament
through a constitutional amendment.
The CJI said the country’s basic framework was strong, and
all three pillars of the Constitution – legislative, executive and judiciary –
were equal.
“And all the organs of the Constitution must reciprocate and
give due respect to each other,” he said.
Gavai, who belongs to Maharashtra, said he was happy to
become the CJI when the Constitution is completing 75 years and marching
towards its centenary.
“There is no question that our country is ‘mazboot’ due to
the basic structure doctrine laid down in the Kesavananda Bharati case
judgment, and all three pillars of the Constitution are trying to work within
the spheres prescribed to them,” he said.
Judiciary and legislature came up with several laws due to
which the concept of social and economic justice will be fulfilled, he added.
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.
He spoke about his various tasks and visits to different
areas in Maharashtra and across the country.
“We also recently visited Manipur and assured both
communities in conflict that the country is with you and justice is at your
doorstep, and avail it. I’m lucky to have done that,” said the Chief Justice of
India.
Speaking on the occasion, Supreme Court Judge Surya Kant
said there is a growing demand from both bar and bench regarding the
representation of the Bombay High Court in the Apex Court.
“I candidly admit that the contribution made by Bar of
Maharashtra in the development of law, whether it is civil law or criminal law,
and most importantly, in the development of the constitutionalism,
constitutional morality, constitutional principles, constitutional basic
structure theories, the contribution made by your High Court is remarkable. It
is unparalleled,” he said.
Justice Surya Kant is set to be the next CJI after Gavai’s
retirement in November.
Supreme Court justices Abhay Oka and Dipankar Datta and
Chief Justice of Bombay High Court Alok Aradhe also attended the event.
