The Crossbill Team
Chief Justice of India B.R. Gavai on Sunday (May 18) asserted that the Constitution of India is the only supreme authority, addressing ongoing debates about the relative powers of the judiciary, Parliament, and the executive.
Speaking at a felicitation event organised by the Bar Council of Maharashtra and Goa in Mumbai, the CJI made his remarks amid growing tensions between constitutional institutions, following recent comments by Vice President Jagdeep Dhankhar.
Dhankhar had criticised the judiciary for setting timelines for the President in matters involving Bills referred by Governors, accusing the Supreme Court of attempting to function like a “super Parliament.” He had also reiterated that Parliament is supreme and that no authority above it is envisioned in the Constitution, particularly while commenting on the court’s intervention in challenges to the Waqf Amendment Act.
In response to such assertions, CJI Gavai emphasized that all three pillars of democracy — the judiciary, the legislature, and the executive — are bound by the Constitution.
“On being asked about the issue of who is Supreme, whether Judiciary or Executive or the Parliament? I can say that the Constitution of India is the only supreme and all the three pillars of the country - Judiciary, Parliament and also the Executive, have to work together for the Constitution,” he said, reported Live Law.
"Each branch of the State in a democracy, be it the legislature, executive or the judiciary, especially in a constitutional democracy, acts within the framework of the Constitution. It is the Constitution that is higher than all of us. It is the Constitution which imposes limits and restrictions on the powers vested in the three organs. The power of judicial review is conferred by the Constitution on the judiciary. Statutes are subject to judicial review to test their constitutionality as well as for judicial interpretation. Therefore, when the constitutional courts exercise their power of judicial review, they act within the framework of the Constitution,” CJI Gavai further said.
Citing the historic Kesavananda Bharati judgment, the CJI noted that the ruling had safeguarded the balance among the three pillars and ensured the smooth functioning of the democratic structure.
Reflecting on his personal journey, Gavai credited his achievements to the ideals of B.R. Ambedkar and the values instilled in him by his parents. However, he also expressed disappointment over the absence of top state officials during his first official visit to Maharashtra since assuming office as Chief Justice.
“When the son of this State, who has become the CJI comes to Maharashtra for the first time, if the State’s Chief Secretary, Commissioner of Police etc do not want to attend the event, that is best left on their wisdom,” he remarked.
The CJI’s comments come at a time of increasing friction between constitutional authorities, highlighting the ongoing debate over institutional boundaries and the need for mutual respect in governance.
Speaking at a felicitation event organised by the Bar Council of Maharashtra and Goa in Mumbai, the CJI made his remarks amid growing tensions between constitutional institutions, following recent comments by Vice President Jagdeep Dhankhar.
Dhankhar had criticised the judiciary for setting timelines for the President in matters involving Bills referred by Governors, accusing the Supreme Court of attempting to function like a “super Parliament.” He had also reiterated that Parliament is supreme and that no authority above it is envisioned in the Constitution, particularly while commenting on the court’s intervention in challenges to the Waqf Amendment Act.
In response to such assertions, CJI Gavai emphasized that all three pillars of democracy — the judiciary, the legislature, and the executive — are bound by the Constitution.
“On being asked about the issue of who is Supreme, whether Judiciary or Executive or the Parliament? I can say that the Constitution of India is the only supreme and all the three pillars of the country - Judiciary, Parliament and also the Executive, have to work together for the Constitution,” he said, reported Live Law.
"Each branch of the State in a democracy, be it the legislature, executive or the judiciary, especially in a constitutional democracy, acts within the framework of the Constitution. It is the Constitution that is higher than all of us. It is the Constitution which imposes limits and restrictions on the powers vested in the three organs. The power of judicial review is conferred by the Constitution on the judiciary. Statutes are subject to judicial review to test their constitutionality as well as for judicial interpretation. Therefore, when the constitutional courts exercise their power of judicial review, they act within the framework of the Constitution,” CJI Gavai further said.
Citing the historic Kesavananda Bharati judgment, the CJI noted that the ruling had safeguarded the balance among the three pillars and ensured the smooth functioning of the democratic structure.
Reflecting on his personal journey, Gavai credited his achievements to the ideals of B.R. Ambedkar and the values instilled in him by his parents. However, he also expressed disappointment over the absence of top state officials during his first official visit to Maharashtra since assuming office as Chief Justice.
“When the son of this State, who has become the CJI comes to Maharashtra for the first time, if the State’s Chief Secretary, Commissioner of Police etc do not want to attend the event, that is best left on their wisdom,” he remarked.
The CJI’s comments come at a time of increasing friction between constitutional authorities, highlighting the ongoing debate over institutional boundaries and the need for mutual respect in governance.
Comments (0)
Leave a Comment