"Constitution Over Parliament": CJI BR Gavai Reaffirms Commitment

During a felicitation event held in his hometown Amravati, CJI BR Gavai, made a resolute statement on the enduring supremacy of the Indian Constitution. Responding to the long standing debate about institutional supremacy in Indian democracy, CJI Gavai firmly asserted that while many may believe the Parliament to be superior, for him the Constitution remains the ultimate authority in the governance of the nation.

“All the three wings of the government – the executive, the legislature, and the judiciary – function within the framework laid down by the Constitution,” he stated, underscoring the foundational role the document plays in maintaining the balance of power and the democratic fabric of India.

Referring to the Supreme Court’s landmark ruling on the “Basic Structure Doctrine,” CJI Gavai reiterated that although the Parliament has the authority to amend the Constitution, it cannot tamper with its core values and foundation. 

Addressing the responsibilities and ethical standards of the judiciary, CJI Gavai highlighted the importance of judicial independence. He noted that judges must not be swayed by public opinion or popular sentiment when delivering verdicts. “We have to think independently,” he emphasised, and talked about how they cannot afford to let the fear of public reaction or opinion influence their judgement. 

He further noted that judges carry a vital responsibility: to uphold the rights of citizens and preserve the values enshrined in the Constitution. “A judge should always remember that we have a duty, and we are the custodian of the rights of citizens and constitutional values and principles,” he said, speaking of the moral and legal responsibility the judiciary bears in protecting democracy and justice.

By the end of the speech, CJI Gavai also reflected on his own journey and approach to judicial work. He shared that he has always allowed his judgements and actions to speak for themselves, and stood by the principles of the constitution. 

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