Three Pillars, One Rulebook: CJI Gavai’s Call for Constitutional Harmony

At a felicitation ceremony in Mumbai, Chief Justice of India Bhushan Gavai in a strong message asserted that the Indian Constitution is above every branch of government. Speaking to a group of legal experts and dignitaries, CJI Gavai said that neither the judiciary, executive, nor legislature is supreme; it is the Constitution only that has the highest authority. He urged all three pillars-judiciary, legislature, and executive-to cooperate under the constitutional framework.

The CJI’s remarks come amid ongoing debates about the boundaries between the branches of government, especially following Supreme Court rulings setting timelines for gubernatorial and presidential actions on state bills. Recent comments from political leaders had questioned the judiciary’s role, with some suggesting Parliament’s supremacy. In reply to such controversies, CJI Gavai reaffirmed the doctrine of basic structure, which does not allow Parliament to amend the constitutional basic features like its supremacy, rule of law, and independence of the judiciary.

He also emphasized the need for mutual respect between the three branches, noting that national advancement in social and economic spheres is only possible when all constitutional organs work together and show respect for each other's roles. CJI Gavai also emphasized the right to shelter as a basic right, recalling his own orders against arbitrary demolitions, and reiterated that the rule of law must be adhered to in every situation.

Sources: Hindustan Times, The Indian Express, Times of India, LiveLaw, News18, The Week