Daijiworld Media Network – New Delhi
New Delhi, Jun 26: Amid ongoing discussions over the roles and limits of India’s democratic institutions, Chief Justice of India BR Gavai delivered a pointed reminder on Wednesday, underlining that it is the Constitution—not Parliament, the executive, or the judiciary—that reigns supreme in a democracy.
Speaking at a private event in his hometown of Amravati, Maharashtra, the Chief Justice subtly but clearly referenced the landmark 1973 Kesavananda Bharati judgment, which established the ‘basic structure doctrine’—a principle that prohibits any amendment from altering the fundamental framework of the Constitution.
“There is always a discussion as to which wing of democracy—executive, legislature, or judiciary—is supreme. Many believe Parliament is supreme, but for me, it is the Constitution,” Justice Gavai stated firmly, evoking applause and reflection.
His remarks come in the backdrop of heightened tensions between the judiciary and certain political quarters. Vice President Jagdeep Dhankhar, himself a seasoned lawyer, has on multiple occasions questioned the judiciary's jurisdiction, particularly following a recent Supreme Court verdict that set timelines for the President and state Governors to act on legislative bills. The verdict sparked debate, with some BJP leaders suggesting judicial overreach.
Justice Gavai, however, emphasized the judiciary’s solemn responsibility. “We are the custodians of the rights of citizens and constitutional values. It is not just about power—we have a duty to uphold these principles.”
Referring to judicial independence, he added, “A judge does not become independent merely by passing orders against the government. A judge must remain committed to their duty and unaffected by public opinion or political commentary.”
While he refrained from directly naming political figures, Justice Gavai’s message was widely interpreted as a subtle but firm response to recent criticisms, particularly those made by Vice President Dhankhar in April, where he asserted Parliament’s supremacy and referred to MPs as “the ultimate masters of the Constitution.”
As India navigates complex debates on institutional boundaries, the Chief Justice’s words reiterate a crucial constitutional truth—that all pillars of democracy are bound by, and must operate within, the framework of the Constitution.