Institute of Legal and Management Studies

While speaking at the inauguration of the Allahabad High Court Advocates' Chamber Block and Multilevel Parking in Prayagraj, Chief Justice of India BR Gavai said that the nation has stood united in every crisis, and the credit for that goes to the Constitution of India.

In this context, the Chief Justice of India referred to Dr BR Ambedkar's response to the criticism that the Constitution was either too federal or too unitary. The CJI recalled Ambedkar's words:

The event saw attendance of several dignitaries, including Uttar Pradesh Chief Minister Yogi Adityanath, Union Minister of State (in-charge) for Law and Justice Arjun Ram Meghwal, Supreme Court judges, Justice Surya Kant, Justice Manoj Mishra, Justice Vikram Nath, Justice JK Maheshwari and others.

Without naming any neighbouring country, CJI Gavai said that while countries are facing instability and turmoil, in contrast, even after 75 years of independence, India continues to move steadily on the path of progress.

Furthermore, referring to the celebrated judgment of the Supreme Court in Kesavananda Bharati vs State Of Kerala 1973 as the biggest milestone in the history of the Indian Constitution, CJI stated that it is the duty of the Judiciary, Executive and Legislature to reach every citizen of this country.

He said that before 1973, the view of the Supreme Court was that whenever there is a conflict between fundamental rights and duties, fundamental rights would prevail and the directive principles would have to give way to the fundamental rights.

However, he added, in the judgment of the Supreme Court in Kesavananda Bharati - which gave the basic structure doctrine - 6 judges took one view, 6 took another, and it was Justice HR Khanna who opined that though the parliament has powers to amend the fundamental rights, it cannot alter the basic structure of the Constitution and now that view is considered as the view of 13 judges.

He said that this judgment ended the conflict between fundamental rights and directive principles of state policy, as 13 judges of the Apex Court opined that they are together the soul of the Constitution.

Referring to Dr BR Ambedkar's speech at the time of final drafting of the Indian Constitution, CJI Gavai stated, “one person, one vote, one value” was emphasised for bringing equality in the country. But Dr. Ambedkar was concerned about the social and economic injustice and social and political inequality in the Country.

He also noted that a citizen of this country approaches the judiciary to seek redressal for the injustice being done to them, and the judiciary takes care of them as well. He added that every organ of the state has given its contribution to bringing social equality.

CJI Gavai said that he is honoured to be the Chief Justice of India after the completion of 75 years of the Indian Constitution and that this was the first official programme he was taking part in after taking oath as the CJI.

Referring to Justice Vikram Nath being proud of the Allahabad High Court Bar, CJI said that every judge is proud of the bar he comes and that he is proud of the Nagpur bar. He referred to them as one of the best bars in the country.

He also complimented the bar of the Allahabad High Court and named the well-known lawyers who have come from the Allahabad High Court like Moti Lal Nehru and Tej Bahdur Sapru. He also praised the history of Prayagraj, which is known for literary figures and the freedom movement of India.

CJI said that the bar associations across the country would be jealous of the Allahabad High Court Bar for having such an infrastructure, which he has not seen around the world.

Referring to the facilities of creche, washrooms and other amenities, CJI said that it shows that the work is not being done just for lawyers and judges but also for the citizens of the country who are approaching the legal system.

Reflecting on the time when the project was conceptualised during his tenure as a judge of the Allahabad High Court, Justice Vikram Nath, now a judge of the Supreme Court, said, “the benefit of this building is only for the advocates of this Court.”

On a lighter side, Justice Nath said

Remembering his time as a lawyer and the struggles of the lawyer days, he said that with the coming of the new air-conditioned block, he feels that he wants to come back and practice.

Praising the construction of the Advocates' chamber block, Supreme Court Judge and the next in line to be the CJI, Justice Surya Kant said

Justice Kant also requested the CM, Chief Justice and other judges of the Allahabad High Court to consider providing better facilities to the District Judiciary.

CM Yogi Adityanath called the event an important step towards ensuring adequate facilities for advocates and strengthening the judicial infrastructure. He emphasied that the first condition of good governance is the 'Rule of Law'. He also assured that whatever amount is required for the extension of the HC, it will make the funds available very soon.

In an interesting remark, he said that the High Court played a crucial role in ensuring the smooth conduct of the Mahakumbh earlier this year as if it had stayed any of the government's decisions, the event could not have been possible.