CJI Gavai’s remarks that constitutional supremacy must remain non-negotiable are timely and reassuring
At a time when democratic institutions face increasing strain from populist rhetoric and politically charged agendas, Chief Justice of India BR Gavai’s recent declaration strikes a powerful chord: “Neither judiciary, nor executive, nor Parliament is supreme. It is the Constitution of India which is supreme.†Indeed, CJI Gavai has reaffirmed a foundational truth of Indian democracy — that the legitimacy and limits of all three branches of Government derive not from one another, but from the Constitution itself.
In today’s climate, where some political leaders openly question, criticise, and even suggest altering core constitutional principles, this reminder is not just timely — it is essential. CJI Gavai’s remarks echo the spirit of India’s constitutional framework, one that meticulously balances power between the legislature, executive, and judiciary. But his emphasis on constitutional supremacy also goes deeper — it reasserts the moral and legal compass that ensures the country doesn’t slide into majoritarianism or autocracy. In 1973, the Supreme Court’s landmark Kesavananda Bharati judgment articulated what is now known as the Basic Structure Doctrine — the idea that while the Constitution can be amended, its core principles (like secularism, federalism, the rule of law, and the separation of powers) are inviolable. CJI Gavai reiterated that this doctrine has been vital in ensuring that India remains a “mazboot desh†— a strong and resilient nation. In recent times, there have been disturbing signs of open hostility towards the Constitution. Some political leaders have questioned the relevance of constitutional values such as secularism or social justice, while others have flirted with the idea of rewriting or drastically altering the Constitution to suit ideological ends.
While constitutional amendments are legally permitted, they are subject to critical filters: Procedural Safeguards — Requiring special majorities in Parliament and, in certain cases, ratification by states. Substantive Limits, As per the Basic Structure Doctrine, no amendment can destroy the foundational principles of the Constitution. To bypass these safeguards or dismiss them as “technicalities†is not just legally reckless — it’s democratically dangerous. Even to suggest that the Constitution must be changed is preposterous.
Altering the Constitution with short-term political gains in mind could destabilise the balance of power, erode civil liberties, and lead to catastrophic consequences such as: Majoritarian rule overriding minority rights, dismantling of federal structures and weakening of state powers, Undermining of judicial independence, Curtailment of free speech and dissent. In effect, dismantling the constitutional order would be akin to removing the very ground on which India’s democracy stands. The Constitution is not merely a legal document. It is a social contract — a solemn promise among India’s 1.4 billion people to coexist with dignity, justice, and equality. As CJI Gavai poignantly noted, it is this shared contract that has enabled India’s democracy to survive multiple crises. The Constitution is indeed sacrosanct and above any ill-intended controversies.
