CJI Gawai again described the Constitution above Parliament, said- ‘All three parts of democracy are under the same’

Chief Justice of Supreme Court BR Gawai has described the Constitution above Parliament. He said that some people believe that Parliament is at the top, but it is not so. All three organs of democracy work under the constitution. Chief Justice BR Gawai has earlier described the Constitution above Parliament. The CJI reiterated its point in the honor ceremony organized by the Bar Association in Amravati. He said that Parliament has the right to amend the Constitution, but it cannot change its original structure. For this reason, the Constitution is paramount in this country.

Citing Kesavanand Bharti vs Kerala State Affairs, he said that the Supreme Court established the ‘original structure’ principle in 1973. He also said that a duties have been set for judges in the constitution and only one becomes independent by passing an order against the government. He also said that while taking decisions, a judge should not think what people will think about his decision. The law has given many duties to a judge, which should be followed.

Bulldozer case also cited

The Supreme Court judge also cited a decision related to bulldozer action. He said that the right to shelter is supreme. The CJI said that he always let his decisions and work speak and he always stood with his duties. Judge BR Gawai had ruled against Bulldozer Action, saying that governments could not drop the house of any accused.

It was said in Italy- ‘Governments cannot become judges and jury’

Speaking on the role of the Constitution in Milan, Italy on 20 June, CJI Gawai said that governments could not become judges and jurys. During this time, he mentioned the decision of his bulldozer Justice and Article-21 of the Indian Constitution. During this time, he had told how the courts in the last 75 years helped to provide justice to poor, backward and marginalized people. He had said that in this case, the government had ordered the accused to be demolished by ignoring the legal process, which was stayed by the court.