“The Constitution Is Supreme”: CJI BR Gavai, Urges Judiciary to Uphold Citizens’ Rights Without Fear or Favour

Mumbai: Chief Justice of India BR Gavai, speaking at an event in Amravati, Maharashtra, on Wednesday, underscored the supremacy of the Constitution over all democratic institutions, asserting that the executive, legislature, and judiciary must function within its framework.

Clarifying a common misconception, he stated, “While many believe Parliament is supreme, it is actually the Constitution that holds the highest authority.” He highlighted the landmark Supreme Court judgment that introduced the ‘basic structure’ doctrine, which allows constitutional amendments but prohibits altering its core principles.

Justice Gavai further stressed the responsibility of judges as guardians of citizens’ rights and constitutional values. “We do not just hold power; we are entrusted with a duty,” he said, adding that a judge’s independence should not be measured merely by ruling against the government.

He cautioned against letting public sentiment influence judicial decisions, stating, “We must think independently, unaffected by what people might say.”

Citing his past rulings, including his stand against “bulldozer justice,” Justice Gavai reiterated that the right to shelter is a fundamental right and must be protected.