Institute of Legal and Management Studies

Amid claims being made that about the 'supremacy' of the Parliament over Judiciary, Chief Justice of India (CJI) Bhushan Gavai on Sunday cleared the air over the said controversy and made it clear that 'Constitution of India' alone is supreme.

The CJI said, "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."

The newly sworn-in CJI was speaking at an event held in Mumbai by the Bar Council of Maharashtra and Goa for his felicitation.

CJI Gavai's comment seems to be in response to the 'scathing attack' made by Vice President Jagdeep Dhankhar against the judiciary after the Supreme Court set timelines for the President and the Governor to act on Bills. Dhankhar had said that the judiciary was trying to become a "super Parliament." After the Supreme Court's intervention in the petitions challenging the Waqf Amendment Act, Dhankhar said that the "Parliament is supreme" and that "there is no visualisation in the Constitution of any authority above Parliament."

Notably, even CJI Gavai's predecessor CJI Sanjiv Khanna had in an order refusing to entertain a PIL seeking suo motu contempt proceedings against BJP MP Nishikant Dubey for his comments attacking the judiciary and the CJI, had too made it clear that only Constitution is supreme.

"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," the former CJI had observed.

In his speech, CJI Gavai emphasised that the landmark ruling in the Kesavananda Bharti case has protected our country. "I can say that it has helped the country's three pillars - Executive, Legislature and Judiciary, work smoothly," he said.

Speaking about his journey from a small village in Maharashtra's Amravati district to New Delhi (as a Supreme Court judge), CJI Gavai disclosed that he wanted to become an architect but because of his father Ramkrishna Gavai, he took up law.

"Whatever I am today, is because of Dr BR Ambedkar's ideology and also because of the 'sanskar' I got from my parents. Because my family was a joint one so I learnt inclusiveness from there. I learnt alot from my father Dadasaheb Gavai and I used to visit various places with him and got used to knowing the social issues. He was the one who insisted me to give consent to judgeship saying that this job will help me take forward the ideology of Dr AMbedkar i.e. to do economic and social justice to the citizens," he said.

Also attending the event, Justice Abhay Oka of the Supreme Court while referring to the journey of CJI Gavai's late father, said that 'keeping democracy alive' is in the blood of CJI Gavai.

Justice Oka further pointed out to the 'transparency' brought in the system by former CJI Khanna, emphasised that CJI Gavai will take the same to new heights.

"The theme of today's event is the 75 glorious years of constitutional justice. We must consider the fact that one of the remarkable judgments of Kesavananda Bharti has saved India's democracy. We must see what is happening on either side of India. This judgment has protected our democracy," Justice Oka said.

Speaking at the event, Justice Surya Kant commended the contribution of CJI Gavai and also the Bombay High Court in making the Constitution more and more live.

"For the country to flourish we will need a strong rule of law and I am sure you will continue to contribute like this. I can assure you that the Supreme Court is in very strong hands," the judge said.