May 20, 2025

Amid debates on the roles of various branches of government, Chief Justice of India Bhushan Gavai asserts the supremacy of the Constitution. He emphasizes that no single branch—judiciary, executive, or legislature—holds superiority. The recent 14-point Presidential Reference seeking clarity on judicial timelines sparked this discussion. Justice Gavai underlined the equality of all three pillars of governance and the importance of mutual respect. He reiterated the judiciary's independence and the significance of the 'basic structure' doctrine, safeguarding fundamental constitutional elements from arbitrary revisions. The reference to Article 143(1) invoked the Supreme Court's advisory role in determining the permissibility of setting timelines for governmental actions. Justice Gavai's past remarks on judicial boundaries in issues such as parliamentary and executive functions underscore the delicate balance of power. He also emphasized the right to shelter as a fundamental right, advocating for legal protection of occupied homes regardless of legal status. Justice Gavai's commitment to social and economic justice was evident in his efforts to bridge communal divides and provide equitable access to justice. The event celebrating his tenure also highlighted his significant judgments, showcasing his dedication to upholding constitutional values.

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Tags: Cji, Constitution, President, Sc, Judiciary,