
Constitution or Parliament, which is supreme? Chief Justice answers amid debate
Amid an escalating tussle between the judiciary and executive, Chief Justice of India BR Gavai has asserted that not the Parliament, but the Constitution, was "supreme".Speaking at a felicitation event organised by the Bar Association in Amravati, his hometown, Justice Gavai said all three wings of democracy - the executive, legislature and the judiciary - work under the Constitution."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," the Chief Justice said.advertisement
Buttressing his point, Justice Gavai said Parliament only had the power to amend, but cannot alter the basic structure of the Constitution.- Ends
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The Hindu
43 minutes ago
- The Hindu
Supreme Court issues guidelines for retention, disposal of records
The Supreme Court on Thursday (June 26, 2025) issued guidelines for the retention and disposal of documents to create accountability and efficiency across all registry wings. The top court highlighted a lacuna over the management of administrative records. In a message, Chief Justice of India B.R. Gavai said that over the years, the registry of the Supreme Court has witnessed a significant increase in the volume and diversity of administrative records generated across multiple branches. "While judicial records pertaining to case proceedings are governed by explicit provisions contained in Order LVI of the Supreme Court Rules, 2013, and further elaborated in Chapter XXI of the Handbook on Practice and Office Procedure of the Supreme Court of India, 2017, a lacuna has persisted with respect to the management of administrative records," he said. The CJI continued, "This disparity leads to inconsistent practices across branches, affecting archival clarity and efficiency. The 'Guidelines for Retention and Destruction of Records 2025' aim to remedy this by promoting coherence, accountability, and efficiency in managing administrative records, including institutional decisions, policy implementations, inter-departmental correspondences, audits, and engagements with external stakeholders." CJI Gavai underscored the importance of properly managing these records for transparency and accountability and guidelines to establish a rational framework. "Operational efficiency is enhanced by the systematic elimination of obsolete documents, easing storage burdens and improving record retrieval speed. The Guidelines ensure compliance with audit and statutory obligations by defining appropriate retention periods based on fiscal, legal, and administrative relevance. They are aligned with national public record management standards." The guidelines were stated to have borne out of detailed consultations among registrars and officials of the registry. "I place on record my sincere appreciation for the efforts of Pradip Y. Ladekar, Registrar at the Supreme Court, who played the instrumental role in drafting these Guidelines. He was ably supported by his staff members throughout the process. I also appreciate Bharat Parashar, Secretary General, and S C Munghate, Officer on Special Duty (in the rank of Secretary General), for their leadership and guidance in steering the Registry through this important initiative," he said. According to the issued guidelines, original submission notes or paper books bearing signatures of the chief justice of India and judges of the Supreme Court to be preserved permanently. Further, policy files, office orders and circular files were to be preserved permanently. "The retention period of the records shall start after the final action or disposal of arbitration, litigation, enquiry or audit as the case may be. All the branches concerned, before destroying files/cases/records will ensure that no court case is pending in respect of the subject matter of the files/cases/records being destroyed/ weeded out," it said. In case the records of one branch or wing were co-related with those a different branch or records relating to the confidential branch, an intimation on "the pendency of court case is to be sent to them as soon as the court case is received in the section". Destruction and retention of records by the relevant branches should be carried out after due approval from the registrar concerned, it added. "The exercise of destruction of record normally be carried out during summer vacation/partial court working days. In case a scanned copy of documents/records is to be preserved beyond the retention period for the reasons to be recorded in writing decision may be taken by the concerned Registrar at the time of destruction of the record(s)," the guidelines said. It added, "Financial and budget-related documents and files should be maintained separately for each financial year with effect from April 1 to March 31. All other records, registers may be maintained separately for each calendar year, i.e., January 1 to December 31."
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Business Standard
an hour ago
- Business Standard
CJI Gavai backs supremacy of Constitution over three wings of democracy
Chief Justice of India B R Gavai on Wednesday said that the Constitution stands as the supreme authority in the country, and all three pillars of democracy (legislature, executive, and judiciary) function under it. His remarks come amid ongoing discussions about the balance of power between these institutions. Speaking at a felicitation event in his hometown Amravati in eastern Maharashtra, news agency PTI quoted Justice Gavai as saying, '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 democracy work under the Constitution.' Justice Gavai, who was sworn in as the 52nd Chief Justice of India last month, addressed the long-standing debate over which democratic institution holds ultimate authority. He cited the Supreme Court's landmark judgment establishing the 'Basic Structure' doctrine, which restricts Parliament from making changes that alter the core principles of the Constitution. 'Parliament has the power to amend, but it cannot alter the basic structure of the Constitution,' he said. Judges must uphold constitutional values The Chief Justice further observed that the independence of a judge should not be defined by passing orders against the government but by upholding the Constitution. Vice President Dhankhar's critique of judiciary In April at Delhi University, Dhankhar called the move an instance of judicial overreach. 'Parliament is supreme,' the Vice President said, arguing that elected representatives must remain the final authority on constitutional matters. 'Elected representatives will be the ultimate masters of what the constitution will be and there won't be any authority above it,' he had said.


Time of India
an hour ago
- Time of India
SC issues guidelines for retention, disposal of records
The Supreme Court of India has introduced new guidelines, effective 2025, for managing administrative records to enhance accountability and efficiency. Chief Justice Gavai highlighted the need to address inconsistencies in record management across different branches. Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads The Supreme Court on Thursday issued guidelines for retention and disposal of documents to create accountability and efficiency across all registry top court highlighted a lacuna over the management of administrative a message, Chief Justice of India B R Gavai said over the years, the registry of the Supreme Court has witnessed a significant increase in the volume and diversity of administrative records generated across multiple branches."While judicial records pertaining to case proceedings are governed by explicit provisions contained in Order LVI of the Supreme Court Rules, 2013, and further elaborated in Chapter XXI of the Handbook on Practice and Office Procedure of the Supreme Court of India, 2017, a lacuna has persisted with respect to the management of administrative records," he CJI continued, "This disparity leads to inconsistent practices across branches, affecting archival clarity and efficiency. The 'Guidelines for Retention and Destruction of Records 2025' aim to remedy this by promoting coherence, accountability, and efficiency in managing administrative records, including institutional decisions, policy implementations, inter-departmental correspondences, audits, and engagements with external stakeholders."CJI Gavai underscored the importance of properly managing these records for transparency and accountability and guidelines to establish a rational framework."Operational efficiency is enhanced by the systematic elimination of obsolete documents, easing storage burdens and improving record retrieval speed. The Guidelines ensure compliance with audit and statutory obligations by defining appropriate retention periods based on fiscal, legal, an administrative relevance. They are aligned with national public record management standards."The guidelines were stated to have borne out of detailed consultations among registrars and officials of the registry."I place on record my sincere appreciation for the efforts of Pradip Y. Ladekar, Registrar at the Supreme Court, who played the instrumental role in drafting these Guidelines. He was ably supported by his staff members throughout the process. I also appreciate Bharat Parashar, Secretary General, and S C Munghate, Officer on Special Duty (in the rank of Secretary General), for their leadership and guidance in steering the Registry through this important initiative," he to the issued guidelines, original submission notes or paper books bearing signatures of the chief justice of India and judges of the Supreme Court to be preserved policy files, office orders and circular files were to be preserved permanently."The retention period of the records shall start after the final action or disposal of arbitration, litigation, enquiry or audit as the case may be. All the branches concerned, before destroying files/cases/records will ensure that no court case is pending in respect of the subject matter of the files/cases/records being destroyed/ weeded out," it case the records of one branch or wing were co-related with those a different branch or records relating to the confidential branch, an intimation on "the pendency of court case is to be sent to them as soon as the court case is received in the section".Destruction and retention of records by the relevant branches should be carried out after due approval from the registrar concerned, it added."The exercise of destruction of record normally be carried out during summer vacation/partial court working days. In case a scanned copy of documents/records is to be preserved beyond the retention period for the reasons to be recorded in writing decision may be taken by the concerned Registrar at the time of destruction of the record(s)," the guidelines added, "Financial and budget-related documents and files should be maintained separately for each financial year with effect from April 1 to March 31. All other records, registers may be maintained separately for each calendar year, i.e., January 1 to December 31."