Chief Justice of India B R Gavai on Sunday expressed his displeasure over a protocol lapse during his first visit to Maharashtra after being elevated to the top post.
Speaking at a felicitation programme by the Bar Council of Maharashtra and Goa, Gavai pointed to the absence of the state's Chief Secretary, Director General of Police or the city police commissioner to receive him and stressed that all three pillars of democracy are equal and must reciprocate and show and give respect to one another.
"If the Chief Secretary of the state, DGP or Mumbai police commissioner does not want to come there, when the CJI, who is from Maharashtra, has arrived for the first time, it's up to them to think about whether it is right or not," CJI Gavai said.
It is a question of respect by other organs of the institution to the judiciary, he said, adding that he was not insisting on adherence to protocol.
"When a chief of an organ or institution is coming for the first time to the state, especially when he too belongs to the said state, whether the treatment they gave was right or not, they themselves should think," Gavai said.
Gavai, who took oath as CJI on May 14, said that while he does not want to get into such minor matters, he felt the need to mention the same so that people know about it.
"If in my place there was someone else, then the provisions of Article 142 would be considered," Gavai said.
Article 142 of the Indian Constitution grants the Supreme Court the power to pass decrees or orders deemed necessary for doing complete justice in any case or matter pending before it.
It also allows the court to make orders for securing the attendance of individuals.
Speaking at the ceremony, Gavai stressed that neither the judiciary nor the executive, but the country's Constitution was supreme and its pillars must work together.
"Neither the judiciary, nor the executive, nor Parliament is supreme, but it is the Constitution of India which is supreme, and all the three wings have to work as per the Constitution," he said.
The Parliament has the power to amend the Constitution, but it cannot touch the basic doctrine structure, CJI Gavai said.
Gavai, who belongs to Maharashtra, said he was happy to become the CJI when the Constitution is completing 75 years and marching towards its centenary.
"There is no question that our country is 'mazboot' due to the basic structure doctrine laid down in the Kesavananda Bharati case judgment, and all three pillars of the Constitution are trying to work within the spheres prescribed to them," he said.
Judiciary and legislature came up with several laws due to which the concept of social and economic justice will be fulfilled, he added.
A book chronicling 50 landmark judgments pronounced by Justice Gavai was also released at the event.
In his speech, the CJI cited a few of his judgments.
Referring to his judgment against 'bulldozer action', he said the right to shelter is supreme.
"The right to shelter is a fundamental right. Whether a person is accused of any crime or convicted, the family's house, if legally occupied, cannot be removed or demolished. The rule of law has to be followed," the CJI said.
He spoke about his various tasks and visits to different areas in Maharashtra and across the country.
"We also recently visited Manipur and assured both communities in conflict that the country is with you and justice is at your doorstep, and avail it. I'm lucky to have done that," said the Chief Justice of India.
Speaking on the occasion, Supreme Court Judge Surya Kant said there is a growing demand from both bar and bench regarding the representation of the Bombay High Court in the Apex Court.
"I candidly admit that the contribution made by Bar of Maharashtra in the development of law, whether it is civil law or criminal law, and most importantly, in the development of the constitutionalism, constitutional morality, constitutional principles, constitutional basic structure theories, the contribution made by your High Court is remarkable. It is unparalleled," he said.
Justice Surya Kant is set to be the next CJI after Gavai's retirement in November.
Supreme Court justices Abhay Oka and Dipankar Datta and Chief Justice of Bombay High Court Alok Aradhe also attended the event.
(With inputs from PTI)
