The main judge of India Bravai said that the Indian Constitution is the highest and all three wings of democracy are under it. Parliament has the power to change, but it cannot change the basic structure of the Constitution, the main judge said with reference to the judgment issued by the Supreme Court on the basis of the “basic structure” doctrine.
“While many say and believe that parliament is the highest, I think it is the highest constitution of India. All three wings of democracy work according to the constitution,” he quoted an oath as 52. CJI last month, said PTI 25.
Parliament is the highest: Dhankhar
In April, Vice President Jagdeep Dhankhar Tirad launched against the Supreme Court by claiming that the elected legislators were “final masters” and that parliament was the highest existence. “There is no visualization in the constitution of any authority over parliament. The parliament is the highest,” he said.
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Supreme Court 5 November 2024 decided that the validity of the law cannot be questioned for violations Basic structure constitutions. The peak of the judgment, Chief Judge Chandrachud said that the doctrine of the basic structure was made up of “undefined concepts” such as democracy, federalism and secularism.
The Constitution is paramount: justice Gavai
The “basic structure” in the context of the Indian Constitution concerns the basic principles that cannot be changed or destroyed by any amendment, even through the procedure referred to in Article 368. These basic features are considered necessary for the identity and character of the Constitution and Nation
Justice Gavai spoke of his felicitation in Amravati – his hometown in the Mahari. He said that while some people claim that the parliament is the highest, in his opinion the Constitution is paramount. It is always discussed which democracy’s wing – executive, legislature or judiciary – is the highest, he said that he added that the judge would not become independent only by adopting orders against the government, he said.
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“The judge should always remember that we have an obligation, and we are the administrators of the rights of citizens and constitutional values and principles.
“We must think independently. What people say cannot become part of our decision -making process,” he added.
Referring to his judgment against the “bulldozer justice”, he said that the right to shelter is the highest. Cji Gavai also remembered his childhood days and said that while he wanted to be an architect, his father wanted to become a lawyer.
My father wanted….
“My father wanted to become a lawyer, but he couldn’t become one, because at the time he was arrested for being part of the freedom movement,” he said.
Father of Justice Gavai Ramakrishn Suryabhan Gavai was a well -known leader of ambedcarite and founder of the Indian Republican party. His followers and admirers kindly called him a dadasaheb.
Lok Sabha MP from Amravati, Ramakrishn Gavai served as Governor Bihar, Sikkim and Keraral from 2006 to 2011, when UPA was led by Congress at the center.
The judge should always remember that we have a duty and we are the rights of citizens’ rights.
Ramakrishna Suryabhan Gavai died in 2015, four years before his son Bhushan Ramakrishna Gavai or Br Gavai was promoted as a Supreme Court judge in India
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