Weighing in on the discussion about the wings of democracy, the Chief Justice of India (CJI), BR Gavai, asserted on Wednesday that the Constitution of India is supreme, and all three wings of democracy—the executive, the legislature, and the judiciary—function under the Constitution.
Speaking at an event in Maharashtra’s Amravati, the CJI said, “While many say and believe that Parliament is supreme, in my view, it is the Constitution of India that is supreme. All three wings of democracy operate under the Constitution.”
The CJI also referred to a judgment passed by the Supreme Court on the foundation of the ‘basic structure’ doctrine, which acknowledges Parliament’s power to amend the Constitution, although its basic structure cannot be altered.
Justice Gavai remarked that a judge does not become independent merely by delivering rulings unfavourable to the government.
“A judge should always remember that we have a duty, as we are the custodians of citizens’ rights and constitutional values and principles. We do not just wield power; a duty is cast upon us,” he said.
The CJI added that a judge should not be swayed by public opinion, even if a judgment is unpopular.
“We must think independently. What people will say cannot influence our decision-making process,” Justice Gavai stated.
The CJI emphasised that he has always upheld the fundamental rights enshrined in the Constitution, letting his judgments and work speak for themselves.
He cited his ruling against “bulldozer justice” and reaffirmed that the right to shelter is supreme.
