Suspense crime, Digital Desk : In a forceful and timely address, the Chief Justice of India, B.R. Gavai, delivered a clear and unambiguous message to all arms of the government: the Constitution is supreme, and every institution, including the Parliament, the Government, and the Judiciary itself, is subordinate to it.
Speaking at an event marking the 50th anniversary of the Emergency, a period he described as a "black chapter" in India's history, the CJI's words carried significant weight. He emphasized that the power of all three wings of democracy—the legislature, the executive, and the judiciary—is derived solely from the Constitution.
"The Constitution is our only holy book," he asserted, reinforcing the principle that no branch of government is above the law of the land.
Justice Gavai highlighted the crucial role of the "basic structure doctrine," a landmark judicial principle established by the Supreme Court. This doctrine holds that while Parliament can amend the Constitution, it cannot alter or destroy its fundamental pillars, such as democracy, the rule of law, and the separation of powers. This principle acts as a vital safeguard against any potential overreach by a government with a large majority.
The context of the Emergency anniversary made his speech particularly poignant. The 1975 Emergency saw the suspension of fundamental rights and an unprecedented assertion of executive power. CJI Gavai reminded the audience that it was the judiciary that later played a critical role in strengthening the constitutional framework to prevent such an event from happening again.
He concluded by linking adherence to constitutional principles with the national goal of becoming a developed nation ("Viksit Bharat"), suggesting that true progress is only possible when all pillars of democracy respect their constitutional boundaries. His address serves as a powerful reaffirmation of the judiciary's role as the ultimate guardian of the Indian Constitution.
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