CJI Gavai backs abrogation of Article 370

NGAPUR(Maharashtra): Chief Justice of India (CJI) BR Gavai on Saturday strongly supported the abrogation of Article 370, saying the abrogation was aligned with the ideology of Dr BR Ambedkar.

Speaking at an event in Nagpur, CJI Gavai said, “… If the country wants to remain united, the country needs only one Constitution. A separate Constitution for a state was not in line with Babasaheb Ambedkar’s ideology, so we unanimously accepted the decision (of abrogation of Article 370) taken by the Parliament, so that the country will be governed by only one constitution.”

On August 5, 2019, the Centre decided to strip Jammu and Kashmir of its special status and divide it into two Union Territories.

“Babasaheb Ambedkar was criticised for our Constitution being too centralised… Babasaheb had replied to that criticism by saying… ‘We are giving the country a Constitution suitable for all challenges, and I can assure you that it will keep the country united in times of war and peace.’ Today we are seeing in our 75-year journey what is the situation around us, whenever this country has faced any crisis, it has remained united…” he said.

On Friday, Chief Justice of India Gavai also emphasised the importance of the Indian Constitution, stating that it has “defined the boundaries” of the three branches of government: the legislature, the executive, and the judiciary.

CJI Gavai highlighted that lawmaking is the responsibility of the legislature and state assemblies, while the executive functions within the framework of the Constitution and the law.

Addressing the issue of “judicial activism,” the CJI asserted that it is necessary for “upholding” the Constitution and rights of the citizens.

“Judicial Activism is bound to stay, and it is necessary for the upholding of the Constitution and the upholding of the rights of citizens. At the same time, I am of the view that the Indian Constitution has defined the boundaries of its three wings, whether it is the Legislature, the Executive, or the Judiciary. The work of making laws belongs to the Legislature, whether it is the Parliament or the various State Assemblies. It is expected that the Executive functions according to the Constitution and the law”, CJI BR Gavai said while addressing an event in Nagpur on Friday.

However, CJI Gavai opined that despite “judicial activism” being bound to stay in the judicial system, it should not be allowed to be converted into judicial adventurism or judicial terrorism.

“If the Judiciary tries to interfere in the Executive and Legislative fields in every matter, then I always say, though Judicial Activism is bound to stay, it should not be permitted to be converted into Judicial Adventurism and Judicial Terrorism”, BR Gavai said.

The Chief Justice further stated that when a law is enacted beyond the authority of Parliament or a State Assembly, and it violates constitutional principles, it is imperative for the judiciary to step in.

“When any law is made beyond the authority of Parliament or the Assembly, and it breaches the constitutional principles at that time, the Judiciary can step in”, he said. (ANI)