“Only the Constitution Is Supreme; Legislature, Executive and Judiciary Must Uphold It Together,” Declares CJI Gavai

Chief Justice of India Bhushan Gavai reaffirmed on Sunday that the Constitution of India stands above all other institutions, dismissing recent assertions of parliamentary supremacy. Speaking at a felicitation event conducted by the Bar Council of Maharashtra and Goa in Mumbai, Justice Gavai emphasized that India’s three pillars—the Legislature, the Executive, and the Judiciary—are bound by and must work in harmony with the Constitution.

Responding to comments by Vice President Jagdeep Dhankhar, who criticized the judiciary for overstepping its mandate after the Supreme Court set deadlines for Presidential and gubernatorial assent to bills, CJI Gavai clarified, “When asked whether the Judiciary, the Executive or the Parliament is supreme, my answer is unequivocal: the Constitution alone is supreme, and all three organs must collaborate to uphold it.”

This stance echoes that of his predecessor, CJI Sanjiv Khanna. In a recent order declining a PIL to initiate suo motu contempt proceedings against BJP MP Nishikant Dubey for his remarks against the judiciary, Khanna underscored that each state organ “acts within the framework of the Constitution,” which alone wields ultimate authority and imposes necessary limits on their powers.

Highlighting the enduring impact of the Kesavananda Bharati judgment, Justice Gavai noted, “That landmark verdict has enabled the Executive, Legislature, and Judiciary to function cohesively.” He further traced his own journey from a small village in Maharashtra’s Amravati district to the Supreme Court, revealing that he initially aspired to be an architect but chose law at the urging of his late father, Ramkrishna Gavai, to advance Dr. B.R. Ambedkar’s ideals of social and economic justice.

At the same gathering, Justice Abhay Oka paid tribute to CJI Gavai’s inherited commitment to democracy and praised former CJI Khanna’s strides toward judicial transparency, anticipating that Gavai would carry these initiatives forward. Justice Surya Kant also lauded Gavai’s stewardship, expressing confidence that under his leadership, the Supreme Court would strengthen the rule of law and ensure the Constitution remains vibrant and effective.