Says absence shows lack of respect between constitutional institutions; stresses Constitution is supreme
Mumbai: Chief Justice of India B.R. Gavai on Sunday expressed displeasure over the absence of senior Maharashtra government officials, including the Chief Secretary, the Director General of Police and the Mumbai Police Commissioner, at his first public event in the state. He said discussions about Article 142, which gives special powers to the Supreme Court, would have begun if judges broke protocol.
During his address at the felicitation event organised by the Bar Council of Maharashtra and Goa, the Chief Justice pointed out the absence of three key officials. “If the Chief Justice of India is visiting Maharashtra for the first time, and the state’s Chief Secretary, the Director General of Police, and the Mumbai Police Commissioner don’t feel it appropriate to be present, then they need to reflect on that. There’s nothing new about the protocol — it’s a matter of respect from one constitutional institution to another,” he said.
Reminding the Executive about the Constitutional conventions and limits, the CJI said, “When the head of a constitutional institution visits the state for the first time, the kind of reception given to them must be considered carefully. These may seem like small matters, but people need to understand their significance.”
“If it had been one of us in such a situation, discussions about Article 142 might have taken place,” CJI Gavai added.
Article 142 of the Constitution grants the Supreme Court the power to pass any decree or order necessary to do “complete justice” in any pending case or matter.
The CJI also made it clear that the Constitution alone is supreme. The CJI said, "On being asked about the issue of who is Supreme, whether Judiciary or Executive or the Parliament? I can say that the Constitution of India is the only supreme and all the three pillars of the country - Judiciary, Parliament and also the Executive, have to work together for the Constitution."
Mr. Gawali, who became the second Dalit to be elevated to the country’s top judicial post last month, also visited Dr. B.R. Ambedkar’s memorial, ‘Chaitya Bhoomi’, after the felicitation ceremony. Maharashtra Chief Secretary Sujata Saunik, Director General of Police Rashmi Shukla and Mumbai Police Commissioner Deven Bharti were present at Chaitya Bhoomi following the Chief Justice’s remarks.
