‘Neither judiciary, nor executive is supreme’: CJI BR Gavai says all wings must abide by the Constitution
This comes amid the debate over the timelines set by the Supreme Court for governors and the president, following which President Droupadi Murmu questioned the top court on 14 constitutional points.
Chief Justice of India Bhushan Ramkrishna Gavai said on Sunday (May 18) that the supremacy does not lie with either the judiciary or the executive or the Parliament, but with the Constitution of India. He added that all three wings must abide by the Constitution.
This comes amid the debate over the timelines set by the Supreme Court for governors and the president, following which President Droupadi Murmu questioned the top court, seeking opinion and consideration on 14 constitutional points. The president said that the Constitution does not specify any such timeline.
Speaking at a felicitation programme organised by the Bar Council of Maharashtra and Goa in Mumbai, the CJI said, “When I was recently asked about the debate between whether judiciary is supreme or executive is supreme, I had said that neither judiciary, nor executive and nor the Parliament is supreme but it is the Constitution of India which is supreme and all the three wings are to work as per constitution.”
Parliament can’t change ‘basic structure’ of Constitution
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CJI Gavai said, “There is no question that our country is strong due to Basic Structure Doctrine laid down in Kesavananda Bharati case and all three pillars of constitution (executive, judiciary and legislature) are trying to work within the spheres prescribed to them. Judiciary and legislature came up with several laws due to which the concept of social and economic justice will be fulfilled.”
He said that while the parliament has the power to amend the Constitution, it cannot change the “basic structure”, which holds its supremacy, the rule of law and independence of the judiciary. This cannot be amended or abrogated by Parliament through a constitutional amendment.
CJI Gavai took the oath to become the 52nd Chief Justice of India on May 14. At the event, he also announced the release of a book that documents 50 remarkable judgments pronounced by him.
