Constitution is supreme, asserts CJI-designate B R Gavai, says no to post-retirement assignment

New Delhi: Justice Bhushan Ramkrishna Gavai, who is set to become the first Buddhist Chief Justice of India on May 14, on Sunday said no to any post-retirement assignment and put to rest the debate on whether Parliament or judiciary is superior by asserting the Constitution is supreme.

In an informal chat with journalists at his residence here, Justice Gavai said that the top court judges were shocked to hear about the Pahalgam terror attack and referred to the full court meeting convened by him as CJI Sanjiv Khanna was away.

“When the country is in crisis, the Supreme Court cannot remain aloof. We are also part of the nation,” he said while touching upon issues ranging from pendency of cases to vacancies in courts, judges meeting commoners including politicians and the statements against the judiciary.

Responding to queries about statements of politicians and Vice President Jagdeep Dhankhar that Parliament is supreme, he said, “The Constitution is supreme. This has been held in the 13-judge bench judgement in the Kesavananda Bharati judgement.”

On the question relating to the judges accepting post-retirement political assignments like the posts of governors. “I do not have any political ambition…I will not take any post retirement assignments,” Justice Gavai said.

When the issue of a former CJI taking up the gubernatorial assignments was raised, he said, “I cannot speak on behalf of others.”

Elaborating, he said for a former CJI, the post of governor is below the post of the CJI in protocol. Responding to a query on judges meeting others, including politicians, he said, “As a judge you do not live in ivory towers and unless you meet people from different walks of life, you will not understand the issue afflicting them.” Justice Gavai recalled his recent Manipur visit and said that an old woman welcomed him in her home and it made him realise the nation’s unity and affinity. He spoke on the Pahalgam incident, the decision of the top court to condole loss of lives and express anguish over it, subsequent state action of ‘Operation Sindoor’ and halting of armed exchanges.

Justice Gavai said the judges are also the citizens of the country and after knowing about the gruesome incident, he consulted CJI Khanna and called the full court meeting to decide to issue a statement on behalf of the top court to condole the deaths. “After all, we are also responsible citizens of the country and get affected by such incidents… We are also concerned as citizens. When the whole country is mourning, the Supreme Court cannot remain aloof,” he said.

On the issue of halting armed exchanges, the CJI designate said wars are futile and gave illustrations of ongoing conflicts between Russia and Ukraine, saying there are hardly any tangible gains.

On the issue of declaration of assets by the judges, Justice Gavai said 21 out of 33 apex court judges have so far put details of their assets in the public domain.

“Rest Supreme Court judges will be providing details shortly,” he said, adding that the high court judges should also follow the suit.