In Parliament vs Constitution Row, Chief Justice BR Gavai Weighs In, Says...

NDTV

5 hours ago

New Delhi:
The Constitution is the final legal authority in a democracy and all three wings - the executive, the legislature, and the judiciary - must work together and under it, Chief Justice of India BR Gavai said Wednesday at a private event in his hometown of Amravati in eastern Maharashtra.
On the face of it, the the Chief Justice was referring to Supreme Court's judgment in the 1973 Kesavananda Bharti case and the 'basic structure' doctrine - i.e., fundamental features of the Constitution cannot be altered or destroyed through amendments passed by Parliament.
The remarks, however, have also been seen as a reminder to recent criticism of the judiciary - inlcuding Vice President Jagdeep Dhankhar and members of the ruling Bharatiya Janata Party - over a landmark verdict that set deadlines for the President and state Governors to clear bills.
"There is always a discussion as to which wing of democracy - executive, legislature or judiciary - is supreme. Many say and believe Parliament is supreme but, for me, it is the Constitution..."
"A judge does not become independent just by passing orders against the government... a judge should always remember his/her duty. We are custodians of the rights of citizens and constitutional values and principles. We don't just have power... a duty is cast upon us."
"A judge should not be guided by what people will say about their judgment... We have to think independently. What people say (about the judiciary) cannot affect our decision-making."
The Chief Justice's sobering words were seen as a pointed response to Mr Dhankhar's attacks in April and May, when he demanded the judiciary not "encroach" on other institutions' roles.
Parliament Supreme, Dhankhar Insists
In his comments in May the Vice President did not refer directly to the judiciary.
But the Veep's April attacks were more pointed. A lawyer himself, he questioned the remit of the Supreme Court within the framework of the government as defined in the Constitution, holding the Parliament 'supreme' and MPs the 'ultimate masters' of the Constitution'.
Vice President Jagdeep Dhankhar believes the Parliament is higher than the Constitution (File).
"There cannot be any authority above them," he declared.
Mr Dhankhar also referred to the Kesavananda Bharati case, but to make a different point.
He contrasted that judgement with the 1967 IC Golaknath case to criticise the Supreme Court for making 'contradictory' statements in separate cases about the Preamble of the Constitution.
"In one case, Supreme Court says Preamble is not part of the Constitution... in another it says it is... but let there be no doubt... elected representatives will be ultimate masters of what the Constitution will be," the Vice President, who is also Chairperson of the Upper House, said.
What Was The Judiciary Row?
The face-off between the judiciary and its critics was triggered after the Supreme Court's judgement on the President and state Governors withholding consent to bills.
The court invoked Article 142 - which gives it special powers to pass orders "necessary for doing complete justice in any cause or matter pending before it" - in a judgement on a Tamil Nadu case.
Days later Mr Dhankhar called Article 142 ' a nuclear missile against democracy '.
He was joined in his attacks by BJP MP Nishikant Dubey, who claimed the Supreme Court is "taking India towards anarchy". The court took a dim view of Mr Dubey's remarks and sought an explanation.
What The Government Said
On paper the government distanced itself from the row and from Mr Dubey's remarks, insisting that respect for the judiciary is of paramount importance for a fully functioning democracy.
The judiciary and legislature are 'two sides of the same coin', sources told NDTV in April.
What Supreme Court Said
Amid the flurry of criticism, Justice Surya Kant - the second in line to become Chief Justice - said the Supreme Court and its judges were not worried. "...the institution comes under attack every day," he said, also in April, as he heard a contempt of court case from Karnataka.
Meanwhile, all this back and forth also triggered a political clash between the BJP and the Congress-led opposition, which accused the federal government of trying to weaken the independent judiciary.