Supreme Court Chief Justice Emphasizes Constitution's Supremacy Over Parliament
In a recent address, Chief Justice B.R. Gavai highlighted the supremacy of the Constitution over Parliament amidst rising tensions between the judiciary and executive branches. He emphasized that while Parliament can amend laws, it cannot alter the Constitution's fundamental structure, a principle established in a landmark 1973 ruling. Justice Gavai underscored the judiciary's duty to protect citizens' rights and stressed the importance of independent thought in judicial decision-making, free from public influence. His remarks serve as a reminder of the essential role the Constitution plays in India's democracy.
Jun 26, 2025, 13:04 IST
Chief Justice B.R. Gavai's Remarks on Constitutional Authority
In light of the escalating tensions between the judiciary and the executive, Chief Justice B.R. Gavai of India has asserted that the Constitution holds greater authority than Parliament. Speaking at an award ceremony organized by the Bar Association in his hometown of Amravati, Justice Gavai emphasized that the three branches of democracy—the executive, legislature, and judiciary—operate under the Constitution. He stated, 'While many claim and believe that Parliament is supreme, I contend that the Constitution of India is the highest authority. All three branches function under its framework.'
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Reinforcing his point, Justice Gavai remarked that while Parliament has the authority to amend laws, it cannot alter the fundamental structure of the Constitution. The 'basic structure' doctrine was established by the Supreme Court in its landmark 1973 ruling in the Kesavananda Bharati case, where a bench of 13 judges determined that the Constitution's 'basic structure' is immutable and cannot be amended by Parliament. The Chief Justice stressed that judges are entrusted with a duty by the Constitution and highlighted that merely issuing orders against the government does not equate to independence.
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Issuing orders against the government alone does not signify freedom. We are the guardians of citizens' rights and constitutional values and principles. Our role encompasses not just power but also a responsibility. Justice Gavai further stated that judges should not be swayed by public opinion regarding their decisions. He emphasized the need for independent thought, asserting that public sentiment should not influence the decision-making process.