Constitution is supreme, all three wings of democracy work under it: CJI Gavai

Chief Justice of India BR Gavai on Thursday (June 26) said the Constitution of India is supreme and all three wings of democracy work under it. Referring to a judgement passed by the Supreme Court on the foundation of the ‘Basic Structure’ doctrine, he said Parliament has the power to amend, but it cannot alter the basic structure of the Constitution.

‘Constitution supreme’

Addressing a felicitation event in his hometown Amravati, Maharashtra, Justice Gavai, who took oath as the 52nd CJI last month, said while some people say Parliament is supreme, in his opinion the Constitution is paramount.

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There is always a discussion as to which wing of democracy -- the executive, legislature or the judiciary -- is supreme, he said. “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 the democracy work under the Constitution,” he said.

Responsibility of judges

A judge does not become independent just by passing orders against the government, he further said. “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.

A judge should not be guided by what people will say or feel about their judgement, the CJI said. “We have to think independently. What people will say cannot become a part of our decision-making process,” he added.

Reaffirms commitment

The CJI asserted that he always let his judgements and work speak, and always stood by the fundamental rights enshrined in the Constitution. Referring to his judgment against “bulldozer justice”, he said the right to shelter is supreme.

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Reminiscing his childhood days Gavai said, while he wanted to be an architect, his father wished that he become a lawyer. “My father had wanted to become a lawyer but was unable to become one, as at the time he was arrested for being part of the freedom movement,” he said.

(With inputs from agencies)