CJI Gavai says Article 370 went against Ambedkar's vision of one Constitution for India

Time of India

10 hours ago

Nagpur: Chief Justice of India Bhushan Gavai on Saturday said the
's unanimous verdict upholding the abrogation of Article 370 to revoke special status for Jammu and Kashmir was consistent with Dr BR Ambedkar's vision of a single Constitution for a unified India.
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He added that two constitutions for one country was never the vision of the chief architect of the statute.
"We judges upheld the govt's decision to abrogate Article 370 to ensure that India is governed under one Constitution," he said, calling the judgment an important affirmation of Ambedkar's ideology. Justice Gavai was speaking at the inauguration of the Constitution Preamble Park at the Nagpur University's School of Law.
Justice Gavai emphasised that though judges usually refrain from discussing their judgments in public, the Article 370 ruling was of such constitutional significance that it merited reflection. He said it aligned with the foundational principles laid down by Ambedkar, who firmly believed in unity through a single legal and constitutional framework.
"During the Constituent Assembly debates, Dr Ambedkar clearly said India should not follow the American model of separate constitutions for the Union and states.
He believed in one nation, one Constitution, and that's the philosophy we reinforced in the verdict," Gavai said.
He further said even amid turmoil and constitutional breakdowns in neighbouring nations of Pakistan, Bangladesh, Nepal, and Sri Lanka, India has remained united and democratic because of the strong constitutional edifice built by Ambedkar and his fellow framers. "Our neighbours have witnessed coups, collapses, and severe instability, but in 75 years, India has stood firm — thanks to the inclusive and progressive framework of the Constitution," he said.
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Accompanied by Union minister Nitin Gadkari, Maharashtra chief minister Devendra Fadnavis, revenue minister Chandrashekhar Bawankule, minister of state Ashish Jaiswal, and Bombay High Court's Nagpur bench judges including Nitin Sambre, Anil Kilor, Abhay Mantri and Justice Sanjeev Kalgaonkar of MP High Court, the CJI said he felt deeply honoured to inaugurate the Preamble Park during the Constitution's platinum jubilee year and during his first visit to Nagpur as the country's top judge.
"The drafting of our Constitution was not merely a legal process, but a social revolution. Babasaheb worked for over two-and-half years to craft a document that gave voice and dignity to the weakest sections of society," said Gavai. He pointed out how Ambedkar ensured that social, economic, and political justice were embedded in the very Preamble of the Constitution.
Visibly emotional during his speech, Gavai said he was proud to have recently unveiled Ambedkar's statue at the Supreme Court, and even more privileged to inaugurate the Preamble Park in Nagpur — the very city where Ambedkar led a historic socio-religious revolution by embracing Buddhism in 1956.
Recalling landmark constitutional decisions, Gavai also referred to the Kesavananda Bharati case, which established the doctrine of basic structure. This doctrine states that while the Parliament can amend the Constitution, it cannot alter or destroy the "basic structure" or fundamental features of the Constitution. "Justice Mudholkar, who hailed from Nagpur, was among the first to articulate that the Constitution had a core that could not be altered.
This idea was later reinforced by the Supreme Court, ensuring that fundamental rights and democratic principles could never be diluted," he explained.
He described Preamble Park as a living monument to constitutional values, built not just to commemorate history but to inspire future generations. "The murals, Ambedkar's quotes, and visual elements in this park will help citizens internalise the ideals of liberty, equality, justice, and fraternity," he said.
Gavai lauded Dr Ambedkar School of Law for its exceptional legacy of producing legal luminaries, including two former Chief Justices of India — M Hidayatullah and Sharad Bobde, many chief justices, and eminent lawyers. "This is a unique institution. Though I didn't study here, it feels like home. The college has contributed immensely to India's legal system," Gavai noted.
The CJI also paid heartfelt tribute to his father, former Governor and MP RS Gavai, and senior Ambedkarite leader Dadasaheb Kumbhare for their lifelong commitment to social justice and the Ambedkarite movement.