Chief Justice of India (CJI) B R Gavai has once again reiterated that it is not Parliament, but the Constitution of India that holds the highest authority, and all three pillars of democracy function under its framework.
He made these remarks at a felicitation ceremony organised by the Bar Association in Amaravati on Wednesday.
"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," he said.
Referring to a Supreme Court judgment based on the Basic Structure doctrine, Gavai said that while Parliament has the authority to amend the Constitution, it cannot change its basic structure.
Justice Gavai, who was sworn in as the 52nd Chief Justice of India last month, made these remarks on Wednesday during a felicitation ceremony held in Amravati, his hometown in eastern Maharashtra.
On landmark Supreme Court judgment
Referring to the landmark Kesavananda Bharati vs State of Kerala case, he noted that in 1973, the Supreme Court established the Basic Structure doctrine.
He also stated that judges have a constitutional duty to uphold, and simply passing orders against the government does not define judicial independence.
"A judge does not become independent just by passing orders against the government. A judge should always remember that we have a duty, and we are custodians of the rights of citizens and constitutional values and principles. We don't just have power, but a duty is cast upon us," the CJI said..
(With inputs from PTI)
