Constitution Debate
Constitution is supreme, all three wings work under it: CJI BR Gavai
New Delhi/IBNS: Chief Justice of India BR Gavai has held the Constitution as the "supreme" stating executive, legislature and judiciary work under it, media reports said.
CJI Gavai made the remark speaking on the judgement passed by the Supreme Court on the foundation of the Basic Structure's doctrine.
"While many say and believe that Parliament is supreme, according to me, it is the Constitution of India that is supreme. All three wings of the democracy work under the Constitution," said the 52nd CJI as quoted by NDTV.
"A judge should always remember that we have a duty, and we are custodians of the rights of citizens and constitutional values and principles. We don't just have power, but a duty is cast upon us," the CJI, who took oath last month, said at his felicitation in Maharashtra's Amravati.
This comes after Vice President of India Jagdeep Dhankhar slammed the Supreme Court over its judgement on the President's role in state bills.
Describing it as a troubling development, he argued that the judiciary was never meant to function as lawmakers, the executive, or as a "super Parliament".
"There is a directive to the President by a recent judgement. Where are we heading? What is happening in the country?" he asked while addressing Rajya Sabha interns, according to a report in the media.
The Supreme Court ruled that when a Governor reserves a bill for the President under Article 201 of the Constitution, a decision must be made within three months.
The verdict, delivered in a case concerning the Tamil Nadu Governor’s prolonged inaction on state bills, emphasised that the President does not possess a "pocket veto" and must respond—either by giving or withholding assent—within a reasonable time.
Calling the judgement "unprecedented", Dhankhar said, "We never bargained for democracy for this day. President being called upon to decide in a time-bound manner, and if not, becomes law."
He cautioned against what he sees as judicial encroachment into the domains of the legislature and executive.
"So we have judges who will legislate, who will perform executive functions, who will act as super Parliament, and absolutely have no accountability because law of the land does not apply to them," he said.
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