‘Constitution Is Supreme, Not Parliament’: CJI Gavai, PDT Achary Backs Claim

The Constitution of India is supreme, and all three pillars of democracy work under the Constitution, said the Chief Justice of India, Justice BR Gavai, while speaking at a felicitation ceremony in Amravati, Maharashtra.

CJI Gavai said that all three pillars of democracy (the judiciary, the executive, and the legislature) function under the Constitution of India.

He said that the Supreme Court had laid down the Basic Structure doctrine in the 1973 case of the Kesavananda Bharati Case, under which Parliament has the power to amend the Constitution but cannot alter its basic structure.

Supporting the CJI’s remark, constitutional law expert PDT Achary, in an exclusive conversation with iTV Network, said there is no doubt that the Constitution is the supreme.

He said that Parliament is supreme when it comes to law-making, and the Constitution gives power to the judiciary to interpret laws.

Achary said that tensions between the judiciary and executive are not new and have existed for decades.

Achary talked about the recent SC judgement, which sets a time frame for the President of India to assent to bills.

He said that while the Constitution does not specify any such deadline, the judiciary had to intervene due to prolonged delays.

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