Chief Justice of India-designate Justice B R Gavai on Sunday reiterated that it is the Constitution which is supreme and all organs of state are supposed to work within its parameters.
“Ultimately it’s the Constitution which is supreme. All three wings of our democracy are supposed to act within the constitutional parameters,” he said during an informal interaction with journalists.
The remarks by Justice Gavai, who will be sworn in as the country’s 52nd CJI on May 14, assume significance in view of statements by political leaders and Vice President about the supremacy of Parliament, particularly in the wake of the top court’s judgment setting a three-month deadline for the President to clear Bills sent by the legislature.
“The Constitution is supreme. This has been held in the 13-judge bench judgement in the Kesavananda Bharati judgement,” Justice Gavai said.
During the informal conversation, Justice Gavai also spoke about the April 22 Pahalgam terror attack and its aftermath and recalled that he urged CJI Sanjiv Khanna to call a full court meeting to issue a statement condoling the deaths.
“After all, we are also responsible citizens of the country and get affected by such incidents…We are also concerned as citizens. When the whole country is mourning, the Supreme Court cannot remain aloof,” he said.
Justice Gavai said there was a need to bring more women into the benches as well as ensure representation for Scheduled Castes, Scheduled Tribes and other marginalised sections. At the same time, he added, there cannot be any compromise on the quality either and pointed out that there is no reservation for appointment to constitutional posts.
A critic of political parties giving out freebies ahead of polls, Justice Gavai said he will try to fast-track hearings on pending petitions challenging the practice. He said he would like to pick up such matters, which have an effect on the large sections of society.
Underlining that pendency was one of the key problems facing the judiciary and contributing to delay in the delivery of justice, he said he will do whatever he can to reduce it, right from the trial courts to the Supreme Court.
On the declaration of assets by judges, he said while there were some reservations, the overall sentiment was in favour of disclosing it.
On judges accepting post-retirement jobs, Justice Gavai said while he cannot speak on behalf of others, he will not be accepting any such assignments after demitting office. He will retire on November 23, 2025.
