Indian Constitution: Chief Justice Gavai Acknowledges Constitution's Role in India's Unity During Crises, ET LegalWorld
The Constitution has ensured that whenever the country has faced a crisis, it has remained united and strong, Chief Justice of India (CJI) B R Gavai said on Saturday.
The CJI was addressing a function after the inauguration of advocate chambers and multi-level parking at the Allahabad High Court here.
"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 is 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," CJI Gavai said.
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He said India has been on the path of development after independence due to the Constitution."Today we see what is the condition of our neighbouring countries. And 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.In the 75-year journey of the Constitution coming into effect, the legislature, the executive and the judiciary have contributed a lot in bringing social and economic equality, he said."It is our fundamental duty to reach out to the last citizen of this country who needs justice. Be it the legislature, the executive or the judiciary, everyone has to reach out to that citizen," the CJI told the gathering.Referring to the land reforms, he said some laws were brought under which land was taken from the landlord and given to the landless persons."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."Gavai said, "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 said that this bench had also said that both the Fundamental Rights and the Directives Principles are 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, "I have always been saying that the bar and the bench are two sides of the same coin. Unless the bar and the bench work together, the chariot of justice cannot move forward."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."
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