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Time of India
3 days ago
- Politics
- Time of India
Indian Constitution: Chief Justice Gavai Acknowledges Constitution's Role in India's Unity During Crises, ET LegalWorld
The Constitution has ensured that whenever the country has faced a crisis, it has remained united and strong, Chief Justice of India (CJI) B R Gavai said on Saturday. The CJI was addressing a function after the inauguration of advocate chambers and multi-level parking at the Allahabad High Court here. "When the Constitution was being made and its final draft was presented before the Constituent Assembly, at that time some people used to say that the Constitution is too federal while some used to say that it is too unitary. "Babasaheb Bhimrao Ambedkar had replied that the Constitution is neither wholly federal nor wholly unitary. But one thing I can tell you is that we have given a Constitution which will keep India united and strong both in times of peace and war," CJI Gavai said. Advt Advt Join the community of 2M+ industry professionals Subscribe to our newsletter to get latest insights & analysis. Download ETLegalWorld App Get Realtime updates Save your favourite articles Scan to download App He said India has been on the path of development after independence due to the Constitution."Today we see what is the condition of our neighbouring countries. And India is making a journey towards development after independence. Whenever there has been a crisis in the country, it has remained united and strong. The credit for this should be given to the Constitution," he the 75-year journey of the Constitution coming into effect, the legislature, the executive and the judiciary have contributed a lot in bringing social and economic equality, he said."It is our fundamental duty to reach out to the last citizen of this country who needs justice. Be it the legislature, the executive or the judiciary, everyone has to reach out to that citizen," the CJI told the to the land reforms, he said some laws were brought under which land was taken from the landlord and given to the landless persons."These laws were challenged from time to time. Before 1973, the Supreme Court's view was that if there is a conflict between the Directive Principles and the Fundamental Rights, then the Fundamental Rights will prevail."Gavai said, "In 1973, a decision of 13 judges came that the Parliament has the right to amend the Constitution and for this, it can amend the Fundamental Rights, but it does not have the right to change the basic structure of the Constitution."The Chief Justice of India said that this bench had also said that both the Fundamental Rights and the Directives Principles are the soul of the of these are the two wheels of the golden chariot of the Constitution, if you stop one of these wheels, the entire chariot will said, "I have always been saying that the bar and the bench are two sides of the same coin. Unless the bar and the bench work together, the chariot of justice cannot move forward."Today the Allahabad High Court has given a good role model for the whole country in which the judges vacated 12 bungalows for the bar (for the construction of the complex) and took care of the convenience of their lawyer brothers."
Time of India
3 days ago
- Politics
- Time of India
Constitution has kept Indiaunited during crisis: CJI
'Courts Must Reach Out To Every Citizen In Need' Rajesh Kumar Pandey | tnn Prayagraj: The Constitution of India has ensured that whenever the country has faced a crisis, it has remained united and strong, Chief Justice of India BR Gavai said on Saturday. Justice Gavai was speaking at the inauguration of the new advocate chambers and a multi-level parking facility at Allahabad high court. This marked his first official engagement as the CJI. "When the Constitution was being drafted, some said it was too federal while some found it too unitary. Babasaheb Bhimrao Ambedkar replied that the Constitution was neither wholly federal nor wholly unitary. But one thing I can tell you is that we have given a Constitution which will keep India united and strong both in times of peace and war," said the CJI, adding, "Whenever there has been a crisis in the country, it has remained united and strong. The credit for this should be given to the Constitution." Crediting the Constitution for guiding India on the path of development, Justice Gavai said, "We can see what is the condition of our neighbouring countries while India is making a journey towards development." In the 75-year journey of the Constitution, the legislature, executive and judiciary have contributed a lot in bringing social and economic equality, he said. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch vàng CFDs với mức chênh lệch giá thấp nhất IC Markets Đăng ký Undo "It is our fundamental duty to reach out to the last citizen of this country who needs justice. Be it the legislature, executive or judiciary, everyone has to reach out to that citizen," the CJI told the gathering. Referring to the land reforms, he said some laws were brought under which land was taken from the landlord and given to the landless persons. "These laws were challenged from time to time. Before 1973, the Supreme Court's view was that if there is a conflict between the Directive Principles and the Fundamental Rights, then the Fundamental Rights will prevail." "However, in 1973, a 13-judge bench ruled that Parliament has the right to amend the Constitution and for this, it can amend the Fundamental Rights, but it does not have the right to change the basic structure of the Constitution," he said. The 1973 bench also stated that both the Fundamental Rights and the Directives Principles are the soul of the Constitution, said Justice Gavai. Justice Gavai also congratulated judicial officers involved in 'Operation Sindoor' and noted the significance of inaugurating the project on the birth anniversary of Ahilyabai Holkar. "She was a pioneer in social welfare, and it is our constitutional duty to reach the last citizen. The bar and the bench must work in unison to move the chariot of justice forward. Today, the Allahabad High Court has set a shining example -- a true role model," he said. Allahabad HC Chief Justice Arun Bhansali in his welcome address said the newly constructed advocates' chambers and multi-level car parking building will redefine the working environment of this court. "It's not just the inauguration of a building but affirmation of our collective efforts to a stronger and more accessible system of justice," he said. Minister of State, Law and Justice, Arjun Ram Meghwal said one should learn from CM Yogi Adityanath how to complete projects quickly. He also praised the CM for the success of Maha Kumbh and said his work was appreciated all over the world. Supreme Court's Justice Vikram Nath said, "Lawyers used to face a lot of problems due to the limited number of chambers and the new building will provide AC chambers to lawyers where they can meet their clients and do their work." He further shared, "I was a member of the building committee of Allahabad HC and we were facing parking and chambers problems. Therefore, we decided to do something and this idea came up that by demolishing 12 official judges bunglow which was adjacent to High Court, we will get enough land to build chambers and parking for lawyers. So I am personally very happy with the completion of this project." Other apex court judges who attended the event included Justice Surya Kant, Justice JK Maheshwari, Justice Pankaj Mithal and Justice Manoj Mishra. The advocate general of UP Ajay Kumar Misra and president of high court bar association (HCBA) president Anil Tiwari were also present. Chairman of the building project committee, Justice Ashwani Kumar Mishra, who is a senior high court judge, proposed a vote of thanks. BOX 'Allahabad HC name inscribed in golden letters' CJI BR Gavai described the Allahabad high court as a historic institution whose name is inscribed in "golden letters" in the judicial spectrum. "It is my good fortune that my first programme as CJI is at the Allahabad HC. I have a long-standing and close relationship with Prayagraj. When I joined the Supreme Court in 2019, I formed deep personal bonds with Justices Vineet Saran, Krishna Murari, and later, Vikram Nath," he said. He lauded the rich legacy of the city and the High Court, saying, "Allahabad is spoken of with immense respect. It has given the country stalwarts like Motilal Nehru and Jawaharlal Nehru, and literary legends such as Mahadevi Verma, Harivansh Rai Bachchan, Suryakant Tripathi 'Nirala', and Subhadra Kumari Chauhan. The nation also salutes the contribution of freedom fighter Chandrashekhar Azad, whose legacy lives on. " BOX 'I thank CM for commitment to judiciary, public' Praising the new infrastructure at Allahabad HC, Justice Gavai said, "The advocate chambers and multi-level parking facility are outstanding. As far as I know, no court in the world has a facility of this scale and quality. I thank Chief Minister Yogi Adityanath for his commitment not only to judges and lawyers but also to the common citizen."
Time of India
3 days ago
- Politics
- Time of India
‘Constitution has kept India united in crisis': CJI Gavai at Allahabad high court event
NEW DELHI: Chief Justice of India D Y Chandrachud on Saturday said the Indian Constitution has played a decisive role in ensuring the country's unity and strength during times of crisis. Speaking at the inauguration of advocate chambers and a multi-level parking facility at the Allahabad high court, CJI B R Gavai underlined the enduring relevance of the Constitution in guiding the nation's progress. 'Whenever there has been a crisis in the country, it has remained united and strong. The credit for this should be given to the Constitution,' Gavai said. He added that India's journey of development after Independence has been possible because of the constitutional framework. Recalling the debates during the framing of the Constitution, Gavai said, 'Some said the Constitution is too federal, some said it's too unitary. But Dr B R Ambedkar clarified that it is neither wholly federal nor wholly unitary, but one that will keep India united and strong in both peace and war.' He noted that the legislature, executive, and judiciary have collectively contributed to bringing social and economic equality in the 75 years since the Constitution came into effect. 'It is our fundamental duty to reach out to the last citizen who needs justice,' he said. Referring to key legal developments, Gavai highlighted the 1973 Supreme Court judgment which ruled that while Parliament can amend Fundamental Rights, it cannot alter the Constitution's basic structure. 'Fundamental Rights and Directive Principles are the two wheels of the golden chariot of the Constitution,' he said. Commending the Allahabad High Court for its role in judicial progress, Gavai praised the judges who vacated 12 bungalows to make way for the new lawyer chambers. 'The bar and the bench are two sides of the same coin. The chariot of justice cannot move forward unless both work together,' he added.
The Print
17-05-2025
- Politics
- The Print
Will do my best to uphold rule of law, Constitution: CJI Gavai
'The only thing I can say is that whatever short period that I have, I will do my best to stand by my oath to uphold the rule of law, to uphold the Constitution of India,' he said. Speaking at a felicitation ceremony organized in his honour by the Bar Council of India (BCI), Justice Gavai, who took oath as the 52nd CJI on May 14, emphasized his dedication to ensure that constitutional promises reach the broad spectrum of Indian society. New Delhi, May 17 (PTI) Chief Justice of India B R Gavai on Saturday affirmed his unwavering commitment to upholding the Constitution and the rule of law. Justice Gavai said that he will make an attempt to reach the commonest mind of this country, the vast majority of its citizens, so that the vision and promise of the Constitution — social and economic equality along with political equality — is brought into reality. Highlighting the enduring significance of the Kesavananda Bharati judgment, the CJI called it a cornerstone for resolving constitutional tensions. 'Wherever there is a conflict between Fundamental Rights and Directive Principles of State Policy, the Kesavananda Bharati case has been our guiding light. It teaches us that both are together the soul of our Constitution,' he said. The CJI reflected on his four-decade journey in the legal field, sharing personal anecdotes that underscored his connection with the legal community. 'From 1985 to 2023, I was a member of the Bar, and after my retirement in November 2025, I will be one again. This is like a family celebration for me,' he said. He spoke about his initial ambition to become an architect, and how his father's admiration for Dr B R Ambedkar steered him toward law. 'My father couldn't fulfil his dream of becoming a lawyer due to imprisonment during his youth, but he hoped one of his sons would. As the eldest, I chose to honour his wish,' he said. Justice Gavai also shared a pivotal moment in his career when he debated whether to accept the role of Government Pleader, citing financial concerns. Encouraged by then-Justice Sharad Bobde, who advised that the post could accelerate his path to judgeship, Gavai accepted the role, and was offered a high court judgeship within six months. Recalling his transition from the high court to the Supreme Court, he said the learning curve was steep. He credited Justice Rohinton Nariman for encouraging him to master new domains, such as the Insolvency and Bankruptcy Code (IBC), and for pushing him to author judgments in these complex areas. A strong advocate for representation and inclusivity, CJI Gavai urged high courts to recommend more women and candidates from Scheduled Castes, Scheduled Tribes, and Other Backward Classes for judicial appointments. 'If there are no suitable women candidates in the high courts, I have suggested they look to the Supreme Court Bar where many capable women advocates practise,' he said. He also candidly expressed his reluctance to give media interviews, humorously noting that promises made in such interactions often become points of criticism. 'I avoid interviews because I don't want to make promises I can't keep.' Justice Gavai also described the event as a reflection of India's unity in diversity. 'Today's function is a true function of diversity in India which we always believe. Our Constitution has been so drafted so as to suit the various in our country: we have geographical diversities, we have regional diversities, we have people from different religions, different castes, we have diversity in economic status of people,' he said. BCI Chairman Manan Kumar Mishra, addressing the gathering, echoed sentiments of hope and trust from the legal fraternity. 'Those without godfathers, those not related to judges but who are deserving, must also get the opportunity to become senior advocates and judges. The legal community expects that under CJI Gavai's leadership, merit and social representation will be the benchmarks,' he said. PTI SJK KVK KVK This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.
Indian Express
17-05-2025
- Politics
- Indian Express
Will do my best to uphold rule of law, Constitution: CJI Gavai
CHIEF JUSTICE of India B R Gavai on Saturday said he will try to do his best to uphold the rule of law and Constitution. He was speaking at a felicitation ceremony organised in his honour by the Bar Council of India (BCI). Addressing the gathering, CJI Gavai said, 'The only thing I can say is that whatever short period that I have, I will do my best to stand by my oath to uphold the rule of law, to uphold the Constitution of India, and make an attempt to reach the commonest mind of this country, the vast majority of its citizens, so that the vision and promise of the Constitution of social and economic equality along with political equality, is brought into reality.' He said, 'Wherever there is conflict between Fundamental Rights and Directive Principles of State Policy, Kesavananda Bharati has been our guiding light. It was the Kesavananda Bharati judgment which said Fundamental Rights and Directive Principles of State Policy together are the soul of the Constitution of India.' CJI Gavai, who took over as the country's 52nd Chief Justice on May 14, said that in his years as an HC judge and SC judge, he did his best to uphold social and economic justice. 'I have done my best… wherever an opportunity came, to ensure that the social justice and economic justice within the four corners of the Constitution is attempted to be achieved.' He called for cooperation between the judiciary and executive to fill vacancies and resolve the issue of pendency. 'I would request the learned Solicitor to convey our request to the executive that, by a cooperative approach, we must ensure to minimise the vacancies as much as we can so that to some extent the issue of pendency is resolved,' he said. Regarding appointing more women as judges, the CJI said he had 'spoken to many of the Chief Justices that if they do not have a woman candidate in their High Courts, they should take from a very good pool of women advocates who are practicing in the Supreme Court, and to some extent, we have been successful in that'. On why he had not given one-to-one interviews at the time of taking over as CJI, he said though he was shy of giving interviews, he is of the view that judges should remain engaged with society to better understand its issues. He added that he did not want to make promises he could not fulfill.
