LUCKNOW: Chief Justice of India Justice B R Gavai on Saturday attributed the country’s stability, unity, and strength during various crises to the Indian Constitution, asserting that it was the Constitution that saved India while neighbouring countries witnessed upheavals.
“Today we see what is the condition of our neighbouring countries. India is making a journey towards development after independence. Whenever there has been a crisis in the country, it has remained united and strong. The credit for this should be given to the Constitution,” he said.
Justice Gavai was speaking at a function at the Allahabad High Court to mark the inauguration of a multi-storey complex housing 2,500 chambers for lawyers and a multi-level parking facility.
The event was attended by top legal luminaries including Union Law Minister Arjun Ram Meghwal, Supreme Court judges, Chief Justice of the Allahabad High Court, Uttar Pradesh Chief Minister Yogi Adityanath, and senior state bureaucrats.
The CJI said the Constitution, drafted by Dr B R Ambedkar, played a significant role in India’s development and growth journey.
“When the Constitution was being made and its final draft was presented before the Constituent Assembly, at that time, some people used to say that the Constitution is too federal while some used to say that it is too unitary. Babasaheb Bhimrao Ambedkar had replied that the Constitution was neither wholly federal nor wholly unitary. But one thing I can tell you is that we have given a Constitution which will keep India united and strong both in times of peace and war,” said the CJI.
Reflecting on the 75-year journey of the Constitution, Justice Gavai noted that the legislature, executive, and judiciary had significantly contributed to achieving social and economic equality.
Stressing the need to ensure justice for even the most marginalised, he said, “It is our fundamental duty to reach out to the last citizen who needs justice. Be it the legislature, the executive or the judiciary, everyone should reach out to that citizen.”
Referring to the era of land reforms, Justice Gavai recalled how laws were brought under which land was taken from landlords and given to landless individuals.
“These laws were challenged from time to time. Before 1973, the Supreme Court's view was that if there is a conflict between the Directive Principles and the Fundamental Rights, then the Fundamental Rights will prevail,” he said.
He added, “In 1973, a decision of 13 judges came that the Parliament has the right to amend the Constitution and for this, it can amend the Fundamental Rights, but it does not have the right to change the basic structure of the Constitution.”
The Chief Justice of India further said the 13-judge bench had clarified that both the Fundamental Rights and the Directive Principles were the soul of the Constitution.
“Both of these are the two wheels of the golden chariot of the Constitution. If you stop one of these wheels, the entire chariot will stop,” he said.
Underlining the importance of coordination between the Bar and the Bench, the CJI stated that they were “two sides of the same coin”. “Unless the Bar and the Bench work in tandem, the chariot of justice cannot move forward,” he remarked.
He praised the Allahabad High Court for setting an example for the entire country, pointing out how judges had vacated 12 bungalows to facilitate the construction of the new complex for lawyers.
“Today the Allahabad High Court has given a good role model for the whole country in which the judges vacated 12 bungalows for the Bar (for the construction of the complex) and took care of the convenience of their lawyer brothers,” he said.
Later, in a lighter vein, the CJI referred to the Union Law Minister’s speech, in which the minister called UP CM Yogi Adityanath the most powerful and diligent Chief Minister. “The land of Allahabad is that of powerful people. Obviously, Yogiji is powerful,” said the CJI.