CJI B R Gavai
Credit: PTI Photo
Mumbai: Chief Justice of India Bhushan Gavai clearly states on Saturday that Babasaheb Ambedkar envisioned one Constitution for India and never favoured the idea of a separate Constitution for a State and hence Article 370 was abrogated.
Justice B R Gavai was part of a five-judge Constitution bench, headed by then Chief Justice DY Chandrachud, that unanimously upheld the Centre's decision to abrogate Article 370, which bestowed special status to the erstwhile state of Jammu & Kashmir - a decision that has been debated extensively politically.
“The country needs only one Constitution. The country would be governed by one Constitution. If we want to keep the country united, we need only one Constitution,” Justice Gavai said.
He was speaking at the inauguration of the Constitution Preamble Park established at the Dr Babasaheb Ambedkar School of Law, Nagpur University.
“The Supreme Court has upheld that one Constitution must apply to the entire country,” he added.
Justice Gavai, hailing from Maharashtra, is the second Dalit and first Buddhist to assume the top judicial post of the country.
Justice Gavai said Babasaheb Ambedkar had often been criticised, saying the Constitution provides for too much federalism, and in times of war, the country may not remain united.
"Babasaheb had replied to that criticism by saying the Constitution is neither centric nor federal. See the situation in the neighbouring countries, be it Pakistan, Bangladesh or Sri Lanka. Whenever our country faces challenges, it has remained united," Justice Gavai said.
Earlier responding to the felicitation by Nagpur District Court Bar Association, he cautioned the judiciary against overreach.
The judiciary should not overstep its boundaries. Activism must not become judicial terrorism or adventurism,” he warned, advocating for a respectful separation of powers between the legislature, executive, and judiciary.
Describing the Constitution as a “remarkable document” that ensures social, economic, and political justice, the CJI credited Dr Ambedkar’s visionary framework for shaping not only India’s democracy but also his own life and career.