CJI BR Gavai: Constitution Is Supreme In India, Not Parliament

Chief Justice of India (CJI) Justice BR Gavai affirmed that the Constitution of India holds supreme authority over all institutions in the country.

Speaking at a felicitation ceremony organised by the Bar Association in Amravati, Maharashtra, the CJI stated that all three pillars of democracy, the judiciary, executive, and legislature, function under the Constitution.

Parliament is not supreme, Constitution is: CJI

Justice Gavai addressed the common belief held by some that Parliament is the highest authority.

“In my view, the Constitution stands above all,” he said.

He cited the landmark 1973 Kesavananda Bharati vs State of Kerala case, where the Supreme Court introduced the Basic Structure Doctrine, ruling that Parliament can amend the Constitution but cannot alter its basic structure.

Judges must protect rights, not just exercise power

CJI Gavai emphasised that judges must not only exercise power but also protect citizens’ rights and uphold constitutional values.

He said a judge must think independently and not be influenced by public opinion or fear of criticism.

“Judging is not about popularity, it is about duty to the Constitution,” he asserted.

He added that his judicial decisions have consistently supported the fundamental rights enshrined in the Constitution, and clarified that issuing rulings against the government doesn’t prove judicial independence; it reflects constitutional obligation.

Right to shelter is supreme: CJI recalls anti-bulldozer ruling

Justice Gavai referred to his decision against bulldozer justice, reaffirming that the right to shelter is fundamental.

He stressed that it is the judiciary’s primary responsibility to protect constitutional values and the rights of citizens.

He reiterated that judges must deliver verdicts free from external pressure, and their foremost role is to safeguard the principles of the Constitution, not to follow popular opinion.

Judicial independence is critical to democracy

Addressing the gathering of legal professionals, CJI Gavai underlined the importance of judicial independence.

He said judges must remain loyal to constitutional principles, and their actions should consistently reflect this commitment.

His remarks reinforced the central role of the judiciary in preserving the Constitution’s supremacy and ensuring that democracy functions within its defined framework.

Also Read: Nitish Katara Murder Case: Supreme Court Grants Three-Month Furlough To Sukhdev Pehlwan