Former CJI Gavai Critiques Judiciary's Role During 1975 Emergency
Judiciary ‘aligned with State power’ during Emergency: Ex-CJI Gavai
Hindustan Times
Image: Hindustan Times
Former Chief Justice of India Bhushan R. Gavai criticized the judiciary's alignment with state power during the 1975 Emergency, highlighting the ADM Jabalpur judgment as a significant failure. He emphasized the need for constitutional supremacy over parliamentary supremacy, reflecting on the lessons learned from this dark chapter in India's history.
- 01Justice Gavai condemned the judiciary's failure to protect civil liberties during the Emergency.
- 02The ADM Jabalpur judgment exemplified extreme judicial deference to the executive.
- 03Justice H.R. Khanna's dissent in ADM Jabalpur is regarded as a landmark for judicial courage.
- 04The 44th Constitutional Amendment reinforced the right to life and personal liberty even during emergencies.
- 05Gavai asserted that the Constitution, not any governmental body, holds supreme authority in India.
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During the 19th Annual Sujata Jayawardena Memorial Oration in Colombo, former Chief Justice of India Bhushan R. Gavai criticized the judiciary's role during the 1975-77 Emergency, stating that it aligned with state power rather than safeguarding civil liberties. He pointed to the ADM Jabalpur Vs Shivkant Shukla judgment as a pivotal moment where the judiciary failed to check the executive's excesses, marking a constitutional crisis. Gavai highlighted that, despite initial resistance from various high courts, the Supreme Court's ruling suspended fundamental rights, allowing unlawful detentions. He praised Justice H.R. Khanna's dissent in the case as a significant act of judicial bravery, noting that it came at a personal cost to Khanna, who was superseded for the Chief Justice position. Gavai mentioned the subsequent 44th Constitutional Amendment, which ensured that the right to life and personal liberty could not be suspended even during emergencies. He concluded by asserting that constitutional supremacy is paramount in India, emphasizing that no branch of government holds absolute power, and judicial review should remain within constitutional bounds to avoid overreach.
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Justice Gavai's reflections highlight the importance of judicial independence and constitutional safeguards, reminding citizens of their rights during crises.
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