CJI BR Gavai Supports Abrogation of Article 370, Explains Importance Of Indian Constitution

New Delhi: Chief Justice of India (CJI) BR Gavai has supported the abrogation of Article 370, stating that the decision aligns with the ideology of Dr BR Ambedkar. Speaking at an event in Nagpur, CJI Gavai stated that a separate Constitution for a state was not in line with Babasaheb Ambedkar's vision for the country. He noted that the abrogation of Article 370 was a unanimous decision taken by the Parliament to ensure that the country is governed by only one Constitution.

The CJI's remark was crucial amid political criticism of the Centre's decision to strip Jammu and Kashmir of its special status and divide it into two Union Territories on August 5 in the year 2019. CJI Gavai outlined that Dr Ambedkar had envisioned a Constitution that would keep the country united in times of war and peace. He stated, "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."

CJI Explains Importance of Indian Constitution

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

The CJI explained the role of judicial activism in upholding the Constitution and protecting the rights of citizens. He stated, "Judicial Activism is bound to stay, and it is necessary for the upholding of the Constitution and the upholding of the rights of citizens." However, he had reservations about judicial activism being converted into judicial adventurism or judicial terrorism.

CJI Gavai stressed the need for the judiciary to strike a balance between activism and restraint. He asserted that while judicial activism is necessary, it should not be allowed to interfere with the executive and legislative fields in every matter. He stated, "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."

The CJI further added, underlining the importance of the judiciary stepping in when a law is enacted beyond the authority of Parliament or a State Assembly, and it violates constitutional principles. He stated, "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."

The Chief Justice of India's remarks on the abrogation of Article 370 and the importance of the Indian Constitution stressed on the importance of a unified legal framework in maintaining national unity. His comments on judicial activism threw a spotlight on the delicate balance between the judiciary's role in upholding the Constitution and protecting citizens' rights, while also respecting the boundaries of the legislative and executive branches.