MUMBAI: Chief Justice of India B R Gavai on Sunday stressed that neither the judiciary nor the executive, but the country’s Constitution was supreme and its pillars must work together.Even though Parliament has the power to amend the Constitution, it cannot touch the basic doctrine structure, he said, underscoring the supremacy of the Constitution.The right to shelter is also supreme, he said, referring to bulldozer justice.Justice Gavai, who took oath as the 52nd CJI earlier this week, spoke at his felicitation ceremony and state lawyers’ conference organised by the Bar Council Maharashtra and Goa here.The CJI said he was glad that the country has not just strengthened but has also developed on the social and economic fronts and continues to do so.”Neither the judiciary, nor the executive, nor Parliament is supreme, but it is the Constitution of India which is supreme, and all the three wings have to work as per the Constitution,” he said.The Parliament has the power to amend the Constitution, but it cannot touch the basic doctrine structure, CJI Gavai said.The basic structure doctrine holds that certain fundamental features of the Constitution, such as its supremacy, the rule of law, and the independence of the judiciary, cannot be amended or abrogated by Parliament through a constitutional amendment.The CJI said the country’s basic framework was strong, and all three pillars of the Constitution – legislative, executive and judiciary – were equal.”And all the organs of the Constitution must reciprocate and give due respect to each other,” he said.
Source link
