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Underlining the supremacy of the Constitution, Justice Gawai said that even though Parliament has the right to amend the constitution, it cannot touch the “original principle” structure.
Mumbai: Chief Justice of India BR Gawai on Sunday emphasized that neither the judiciary nor the executive, but the constitution of the country is supreme. All columns should work together. He underlined the supremacy of the Constitution, saying that even though Parliament has the right to amend the Constitution, it cannot touch the “basic principle” structure. Referring to “bulldozer justice”, he said that the right to shelter is also supreme. Justice Gawai said these things at its reception ceremony and state lawyers’ conference organized by Bar Council Maharashtra and Goa here.
Said- country also developed on social and economic fronts
CJI BR Gawai expressed happiness over the strength of the country as well as the progress of the country on social and economic fronts. He said that the Constitution of India is supreme, neither the judiciary, nor the executive nor the Parliament is the highest. Said that all three organs have to work according to the constitution. CJI Gawai said that Parliament has the power to amend the Constitution, but it cannot touch the original principle structure. The original structure theory assumes that some fundamental features of the Constitution, such as its supremacy, the rule of law and the freedom of the judiciary, cannot be revised or canceled through the Constitution amendment by the Parliament.
A book based on historical decisions of Justice is also released
The CJI said that the country’s infrastructure is strong. The three pillars of the Constitution – legislature, executive and judiciary are similar. He said that we should show respect for each other. Gawai, who belongs to Maharashtra, said that he is happy to be the Chief Justice at a time when the Constitution is completing 75 years and is moving towards its centenary. He said that there is no doubt that our country is strong due to the principle of the original structure stated in the decision given in Kesavanand Bharti case. The three pillars of the constitution are trying to work within their scheduled scope. He said that the judiciary and the legislature have enacted many laws, which will complete the concept of social and economic justice. In this program, a book based on 50 historical decisions pronounced by Justice Gawai was also released.
Bulldozer said on justice- the right to shelter is a fundamental right
In his speech, CJI cited some of his decisions. Referring to his decision against “bulldozer justice”, he said that the right to shelter is supreme. “The right to shelter is a fundamental right. Whether a person is accused of a crime or convicted, the family house, if legally occupied, cannot be removed or demolished. On this occasion, Supreme Court Judge Suryakant said that the Supreme Court is increasing the demand for both Bar and bench in the Supreme Court. The contribution given by the bar, whether it is civil law or criminal law. The contribution made by your High Court is notable.
