Credit To Constitution For Keeping Nation United In Every Crisis; Kesavananda Bharati Judgment A Milestone In Its Journey: CJI BR Gavai

While speaking at the inauguration of the Allahabad High Court Advocates' Chamber Block and Multilevel Parking in Prayagraj, Chief Justice of India BR Gavai said that the nation has stood united in every crisis, and the credit for that goes to the Constitution of India. In this context, the Chief Justice of India referred to Dr BR Ambedkar's response to the criticism that the Constitution was either too federal or too unitary. The CJI recalled Ambedkar's words: "The Constitution is neither wholly federal nor wholly unitary. But one thing I can assure you is that it is a Constitution that will keep India united and strong, both in times of peace and war." The event saw attendance of several dignitaries, including Uttar Pradesh Chief Minister Yogi Adityanath, Union Minister of State (in-charge) for Law and Justice Arjun Ram Meghwal, Supreme Court judges, Justice Surya Kant, Justice Manoj Mishra, Justice Vikram Nath, Justice JK Maheshwari and others.Without naming any neighbouring country, CJI Gavai said that while countries are facing instability and turmoil, in contrast, even after 75 years of independence, India continues to move steadily on the path of progress. "Aaj hum dekhte hain ki humare aaju baaju ke jo desh hain, naam nahin lena chahunga...Unme kya paristhiti hai, aur Bharat aaj 75 varsh ke baad pragati ki ore jaa raha hai. Jab-Jab desh ki ore sankat aaya, desh united raha hai, uske shreya Bhartiya samvidhan ko hai." [Translation: Today we see the condition of the countries around us...I don't wish to name them... We can see what their situation is, while India, after 75 years, is moving towards progress. Whenever the nation has faced a crisis, the country has remained united, and the credit for that goes to the Indian Constitution.]Furthermore, referring to the celebrated judgment of the Supreme Court in Kesavananda Bharati vs State Of Kerala 1973 as the biggest milestone in the history of the Indian Constitution, CJI stated that it is the duty of the Judiciary, Executive and Legislature to reach every citizen of this country.He said that before 1973, the view of the Supreme Court was that whenever there is a conflict between fundamental rights and duties, fundamental rights would prevail and the directive principles would have to give way to the fundamental rights. However, he added, in the judgment of the Supreme Court in Kesavananda Bharati - which gave the basic structure doctrine - 6 judges took one view, 6 took another, and it was Justice HR Khanna who opined that though the parliament has powers to amend the fundamental rights, it cannot alter the basic structure of the Constitution and now that view is considered as the view of 13 judges.He said that this judgment ended the conflict between fundamental rights and directive principles of state policy, as 13 judges of the Apex Court opined that they are together the soul of the Constitution.“they are like 2 wheels of the golden chariot of the Constitution, you span one wheel and the efficacy of the other wheel comes to a standstill and the entire chariot comes to a standstill.”Referring to Dr BR Ambedkar's speech at the time of final drafting of the Indian Constitution, CJI Gavai stated, “one person, one vote, one value” was emphasised for bringing equality in the country. But Dr. Ambedkar was concerned about the social and economic injustice and social and political inequality in the Country.“Baba sahab ne kaha tha “on a social plane, the country is divided into 4 compartments, and such compartments that are so tight that one cannot travel from one compartment to another compartment. And on an economic plane, the entire wealth of the country is concentrated in few hands wherein millions of people are living abject poverty.”He also noted that a citizen of this country approaches the judiciary to seek redressal for the injustice being done to them, and the judiciary takes care of them as well. He added that every organ of the state has given its contribution to bringing social equality. “Humne pichle 75 saal mein dekha ki humari vidhipalika, karyapalika aur nyaypalika ne bharat mein rashtriya samanta ke sath aarthik aur samajik samanta ke liye yogdaan diya hai. Kaafi aise kanoon the ki jamindar ki jameen landless ko diye gaye. Labor class ke hit mein karya kiye gaye.” [Translation : In the past 75 years, we have seen that our legislature, executive, and judiciary have contributed not only to national unity but also to economic and social equality in India. There were many such laws through which land belonging to landlords was given to the landless. Steps were taken in the interest of the labor class as well.] CJI Gavai said that he is honoured to be the Chief Justice of India after the completion of 75 years of the Indian Constitution and that this was the first official programme he was taking part in after taking oath as the CJI. Referring to Justice Vikram Nath being proud of the Allahabad High Court Bar, CJI...

Credit To Constitution For Keeping Nation United In Every Crisis; Kesavananda Bharati Judgment A Milestone In Its Journey: CJI BR Gavai

LIVELAW NEWS NETWORK

Tags