MUMBAI: Amidst the debate over the timelines set by the SC for governors and the President, Chief Justice of India Bhushan Gavai on Sunday said neither the judiciary nor the executive or the legislature had an upper hand, but rather it is the Constitution of India that is “supreme” and “all the three wings have to work together as per the Constitution.
The statement comes barely days after President Droupadi Murmu sent a 14-point Presidential Reference to SC asking if the court can “impose” timelines and prescribe the conduct of governors and the President when handling state bills sent for assent or reserved for consideration. Centre had accused SC of stepping into executive domain.
Justice Gavai, who took oath as the 52nd CJI last week, was speaking at a felicitation function organised by the Bar Council of Maharashtra and Goa . Justice Gavai said, “The basic structure is strong, and all three pillars of the Constitution are equal. And all the organs of the Constitution must reciprocate and give due respect to each other,” he said.
Parliament has the power to amend the Constitution, but it cannot touch the “basic structure”, he said. The ‘basic structure’ doctrine holds that certain fundamental features of the Constitution, such as its supremacy, the rule of law, and independence of the judiciary, cannot be amended or abrogated by Parliament through a constitutional amendment.
Right to shelter is fundamental right: CJI on bulldozer justice
The recent Presidential Reference invoked SC’s advisory jurisdiction under Article 143 (1) of the Constitution to determine if timelines can be set.
The President’s move stemmed from a May 8 judgment by an SC bench of Justices J B Pardiwala and R Mahadevan on a petition by the Tamil Nadu govt challenging the governor’s delay in clearing bills passed a second time by the legislature and his move to reserve them for the President’s consideration.
The reference pointed out that “there are conflicting judgments of the Supreme Court as to whether the assent of the President of India under Article 201 of the Constitution of India is justiciable or not”.
In April, while hearing two matters before his elevation as CJI, Justice Gavai had observed, “As it is, we are alleged of encroaching upon the parliamentary and executive functions .” The executive had questioned apparent judicial overreach while hearing a matter over violence in West Bengal. In another matter regarding explicit online content, Justice Gavai had orally observed that it was for the Union to frame rules in that regard. “As it is, we are now criticised that we are interfering with the executive’s function, the legislative functions ,” he had said.
Gavai on Sunday said he was glad that the country has not only strengthened, but developed on the social and economic justice fronts. Referring to his judgment against ‘bulldozer justice’, he said the right to shelter is supreme.
“The right to shelter is a fundamental right. Whether a person is accused of any crime or convicted, the family’s house, if legally occupied, cannot be removed or demolished. The rule of law has to be followed.”
Regarding his visits to various areas across the country, including Maharashtra, he said, “We also recently visited Manipur and assured both warring communities that the country is with you and justice is at your doorstep, so avail it.”
The event also saw the release of a book chronicling 50 remarkable judgments pronounced by Justice Gavai.
The statement comes barely days after President Droupadi Murmu sent a 14-point Presidential Reference to SC asking if the court can “impose” timelines and prescribe the conduct of governors and the President when handling state bills sent for assent or reserved for consideration. Centre had accused SC of stepping into executive domain.
Justice Gavai, who took oath as the 52nd CJI last week, was speaking at a felicitation function organised by the Bar Council of Maharashtra and Goa . Justice Gavai said, “The basic structure is strong, and all three pillars of the Constitution are equal. And all the organs of the Constitution must reciprocate and give due respect to each other,” he said.
Parliament has the power to amend the Constitution, but it cannot touch the “basic structure”, he said. The ‘basic structure’ doctrine holds that certain fundamental features of the Constitution, such as its supremacy, the rule of law, and independence of the judiciary, cannot be amended or abrogated by Parliament through a constitutional amendment.
Right to shelter is fundamental right: CJI on bulldozer justice
The recent Presidential Reference invoked SC’s advisory jurisdiction under Article 143 (1) of the Constitution to determine if timelines can be set.
The President’s move stemmed from a May 8 judgment by an SC bench of Justices J B Pardiwala and R Mahadevan on a petition by the Tamil Nadu govt challenging the governor’s delay in clearing bills passed a second time by the legislature and his move to reserve them for the President’s consideration.
The reference pointed out that “there are conflicting judgments of the Supreme Court as to whether the assent of the President of India under Article 201 of the Constitution of India is justiciable or not”.
In April, while hearing two matters before his elevation as CJI, Justice Gavai had observed, “As it is, we are alleged of encroaching upon the parliamentary and executive functions .” The executive had questioned apparent judicial overreach while hearing a matter over violence in West Bengal. In another matter regarding explicit online content, Justice Gavai had orally observed that it was for the Union to frame rules in that regard. “As it is, we are now criticised that we are interfering with the executive’s function, the legislative functions ,” he had said.
Gavai on Sunday said he was glad that the country has not only strengthened, but developed on the social and economic justice fronts. Referring to his judgment against ‘bulldozer justice’, he said the right to shelter is supreme.
“The right to shelter is a fundamental right. Whether a person is accused of any crime or convicted, the family’s house, if legally occupied, cannot be removed or demolished. The rule of law has to be followed.”
Regarding his visits to various areas across the country, including Maharashtra, he said, “We also recently visited Manipur and assured both warring communities that the country is with you and justice is at your doorstep, so avail it.”
The event also saw the release of a book chronicling 50 remarkable judgments pronounced by Justice Gavai.
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