Constitution is supreme, all three wings of democracy work under it: CJI Gavai
Chief Justice of India B.R. Gavai on Wednesday reaffirmed the primacy of the Indian Constitution, stating that all three pillars of democracy—the executive, legislature, and judiciary—function under its authority. Speaking at a felicitation ceremony in his hometown of Amravati, CJI Gavai emphasized that while many believe Parliament is supreme, it is in fact the Constitution that holds the highest authority in the democratic framework.
“There is always a discussion as to which wing of democracy is supreme. While many say and believe that Parliament is supreme, according to me, it is the Constitution of India that is supreme,” he said.
Citing the Supreme Court’s landmark judgment on the ‘Basic Structure’ doctrine, the Chief Justice noted that although Parliament has the power to amend the Constitution, it cannot alter its fundamental framework. He stressed that the judiciary’s role is not merely to exercise power, but to uphold the rights of citizens and safeguard constitutional values.
“A judge should always remember that we are custodians of the rights of citizens and constitutional principles. We don’t just have power, but a duty is cast upon us,” he remarked, adding that judicial decisions must be made independently, without being influenced by public opinion.
CJI Gavai also referenced his ruling against “bulldozer justice,” underscoring that the right to shelter is a fundamental right. Reflecting on his personal journey, he shared that although he aspired to become an architect, his father—Ramakrishna Suryabhan Gavai, a noted Ambedkarite leader and former Governor—had hoped he would pursue law.
“My father had wanted to become a lawyer but was unable to, as he was arrested during the freedom movement,” he recalled.
Justice Gavai, who was sworn in as the 52nd Chief Justice of India last month, concluded by reaffirming the judiciary’s commitment to constitutional integrity and the protection of individual rights.
