Chief Justice of India B R Gavai has emphasized the primacy of the Indian Constitution over all branches of government, asserting that the executive, legislature, and judiciary are all bound by it.
All Three Wings Function Under the Constitution
At a public felicitation event in Amravati, his hometown in eastern Maharashtra, CJI Gavai addressed a long-standing debate in Indian democracy: which institution holds the greatest authority.
“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 declared.
Justice Gavai, who recently took oath as the 52nd Chief Justice of India, made it clear that while Parliament plays a vital legislative role, it is ultimately answerable to the Constitution.
Power To Amend, Not To Redefine
Referring to a landmark Supreme Court ruling, Justice Gavai reaffirmed the doctrine of the Basic Structure, a judicial principle that safeguards the core values of the Constitution.
He clarified that although Parliament holds the authority to amend constitutional provisions, it cannot modify the fundamental framework upon which the Constitution rests.
“Parliament has the power to amend, but it cannot alter the basic structure of the Constitution,” he stated, highlighting the judiciary’s responsibility in protecting the Constitution’s foundational ethos.
This principle, born from the historic Kesavananda Bharati case, ensures that essential constitutional values like democracy, secularism, and the rule of law remain untouched.
Judicial Duty Beyond Government Opposition
Addressing the role of the judiciary, CJI Gavai challenged the perception that a judge’s independence is reflected merely through rulings against the government.
“A judge does not become independent just by passing orders against the government,” he remarked. “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.”
His words emphasize that judicial integrity is rooted in responsibility, not resistance. Judges are not just interpreters of law, but defenders of the rights and freedoms guaranteed to every citizen.
A Constitution-Centered Approach To Governance
Justice Gavai’s remarks reaffirm the judiciary’s commitment to upholding the Constitution as the ultimate source of authority in India’s democracy. His message underscores a balanced approach—where every institution operates within constitutional boundaries, and no single branch can claim unchecked supremacy.
As the nation continues to navigate complex questions around the separation of powers, his speech serves as a timely reminder: in India, it is the Constitution that reigns supreme.
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