MUMBAI: Amending the basic structure of the Indian Constitution means rewriting the Constitution, and that is against the core idea of democracy, said Chief Justice of India (CJI) Bhushan Gavai on Tuesday.
Gavai was speaking at the felicitation ceremony that the Maharashtra state legislative assembly and council had organised for the newly appointed CJI at the central hall of Vidhan Bhavan in the presence of Chief Minister Devendra Fadnavis, DCM Eknath Shinde and DCM Ajit Pawar and other elected representatives.
He also said that if the Constitution of India is rightfully followed by three wings of constitutions-- Legislative, Executive and Judiciary, then there will be no conflict and clashes among them.
"Dr Babasaheb was nationalist leader. Nation was paramount for him. Therefore, while drafting the constitution, he made each one an Indian citizen, not like in America, where there is dual citizenship -- people are citizens of the US and his and her respective state where they were born," the CJI said.
He also compared the federal structure of both the US and India, with India's Constitution maintaining a balance between powers accorded to the Centre and to individual states.
"Our constitutions work in peaceful time and find the solution during the crisis time as well. It is not static but it is organic," the CJI said, calling it a powerful weapon for bloodless revolutions.
He said that the Indian constitution has the power to bring all the people to one platform. "The social and economic equality is important for the welfare of all sections of the society. Dr Babasaheb said in society, women are most backward, and he ensured provisions for their welfare. Due to Dr Babasaheb, Pratibha Patil from Maharashtra became president of India and even today Druapadi Murmu who comes from tribal community became president of India. This is the power of the constitution that has remained intact in different weathers," he said.
He said that India’s federal structure is rigid and flexible as well.
"When Dr Babasaheb Ambedkar presented the draft of the constitution, he anticipated that in future the needs of the society and people will be different therefore the constitution should be flexible to undertake the amendment," Gavai said.
"But it is not easy either. Dr Babasaheb ensured that the core part of the constitution has to remain intact under any circumstances, but lawmakers can make the required changes with the simple and 2/3 majority of both the houses of parliament and state assemblies as well. While giving this liberty of amendment, Dr Babasaheb ensured that the independence of judiciary has to remain intact therefore to impeach any judge of supreme court, you need to have 2/3 majority of both the houses. The process is not easy," explained CJI Gavai.
Mr Bhushan is the first CJI from Maharashtra to be felicitated. Ex-CJI DY Chandrachud, ex-CJI Uday Lalit were not facilitated by Maharashtra government.
CJI Mr Gavai clarified that when the invitation for his felicitation was extended to him, he had told the chairman of the Maharashtra state legislative council that he would not come to take the felicitation alone.
"I had decided that after taking the post of CJI, I would attend the felicitation program only where I worked as a lawyer and judge. But I accepted the invitation, because it was felicitation by the 12.86 crore of Maharashtra people. I was born, and brought up in Maharashtra therefore I have immense respect for this land of Chhatrapati Shivaji, Mahatma Phule, Shahu Maharaj, and Dr BR Ambedkar," CJI said.