In the backdrop of intensifying friction between the judiciary and the executive, Chief Justice of India (CJI) BR Gavai firmly reiterated that the Constitution of India, not Parliament, holds the supreme authority in the country’s democratic framework.
Addressing a felicitation ceremony organised by the Bar Association in Amravati—his hometown—Justice Gavai emphasized that all three pillars of democracy—the legislature, the executive, and the judiciary—function under the guiding authority of the Constitution.
“While many say and believe that Parliament is supreme, according to me, it is the Constitution of India that is supreme,” the Chief Justice said. “Each wing of democracy derives its powers from and is limited by the Constitution.”
To support his assertion, Justice Gavai cited the Basic Structure doctrine, a constitutional principle established by the Supreme Court in its 1973 Kesavananda Bharati v. State of Kerala verdict. The historic ruling by a 13-judge bench clarified that while Parliament holds the power to amend the Constitution, it cannot alter its fundamental framework.
Highlighting the judiciary’s role, the CJI stressed that judges are not merely empowered but are entrusted with a duty under the Constitution. “Independence of the judiciary is not about frequently ruling against the government. We are the custodians of the citizens’ rights and the Constitution’s core values,” he remarked.
He further stated that judicial decisions must be guided solely by the law and not by public sentiment or perceptions. “A judge must think independently. What people will say cannot influence our decision-making,” he noted.
Justice Gavai also defended the Supreme Court’s 2023 ruling against arbitrary demolitions, often referred to as “bulldozer justice.” Reaffirming the fundamental right to shelter, he underlined that any demolition must follow due process, including the provision of a 15-day notice.
The Supreme Court, in its order from November last year, ruled that citizens’ voices cannot be silenced by threats of property demolition, laying down procedural safeguards to protect the rule of law.
Justice Gavai’s remarks come at a time when tensions have been mounting between the judiciary and the executive over constitutional boundaries and the separation of powers.