“Strong Assertion by CJI Gavai: Indian Constitution Clearly Defines Roles of Legislature, Executive, and Judiciary”

New Delhi, June 28, 2025 –
In a strongly worded and clarifying statement, Chief Justice of India (CJI) BR Gavai has reaffirmed that the Indian Constitution clearly delineates the boundaries and powers of the three vital pillars of democracy — the Legislature, Executive, and Judiciary. His remarks come at a crucial time amid ongoing national debates on judicial activism and executive accountability.

The Chief Justice’s assertion sends a powerful message reinforcing the sanctity and supremacy of the Indian Constitution in regulating and preserving the institutional balance necessary for a functional democracy.

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Indian Constitution Provides Clear Separation of Powers

Speaking at a legal conclave attended by top judges, legal scholars, and constitutional experts, CJI BR Gavai emphasized that the Indian Constitution is not vague or silent about the roles each branch of government must play. According to him, the Constitution has drawn “well-defined boundaries” and it is imperative that each institution respects these limits.

“The Indian Constitution is the guiding document of our democracy. It has laid down the jurisdiction of each organ — Legislature, Executive, and Judiciary. Any encroachment upon another’s domain can damage the democratic fabric of our nation,” he said.

His words hold significant weight, especially at a time when the country witnesses increasing tensions between different arms of the government.

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Role Clarity: Judiciary’s Responsibility to Uphold the Constitution

Justice Gavai reiterated that it is the solemn responsibility of the Judiciary to act as the protector and interpreter of the Indian Constitution. While debates on judicial overreach and executive overstep have made headlines, the CJI clarified that the Judiciary does not function in a vacuum or assume powers beyond what is assigned by the Constitution.

He said,

“The Judiciary is bound by the Constitution just as the Executive and the Legislature are. We are not here to run the government, legislate laws or interfere in administrative decisions, unless there is a blatant violation of constitutional values.”

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Warning Against Blurred Lines Between Institutions

In recent times, India has seen a rise in political and public discourse criticizing courts for interfering in executive decisions and vice versa. While judicial scrutiny is a pillar of checks and balances, Justice Gavai’s remarks indicate a cautionary stance against crossing constitutional lines.

“Harmony between the institutions is essential for a robust democracy. The Indian Constitution mandates a balance, not a competition, among the Legislature, Executive, and Judiciary,” he said firmly.

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Indian Constitution as a Living Document

Calling the Indian Constitution a “living document,” Justice Gavai reminded the gathering that its resilience lies in its adaptability but not in the distortion of its fundamental structure.

He also remarked that constitutional morality must be upheld not only by judges but also by lawmakers and administrators, reinforcing the call for a balanced governance model rooted in accountability and mutual respect.

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Experts Back Justice Gavai’s Statement

Legal experts and constitutional scholars have hailed the CJI’s remarks as timely and much needed. Former Solicitor General Mukul Rohatgi commented,

“CJI Gavai’s statement reaffirms the principle of separation of powers. The Indian Constitution ensures institutional independence while fostering interdependence.”

Senior Advocate Indira Jaising added,

“Respecting the limits of each arm of government is crucial for preserving democracy. Justice Gavai is right — the boundaries are not blurred, they are ignored.”

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Political Implications and Public Response

While Justice Gavai’s statement was legal in its essence, its political undertones are hard to ignore. Opposition parties have long accused the ruling government of attempting to weaken institutions, while the ruling party often criticizes the Judiciary for being obstructionist in governance.

Public opinion on social media reflects widespread approval of Justice Gavai’s clear stance. Many users applauded his commitment to upholding the Indian Constitution and preserving the rule of law.

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Conclusion: Indian Constitution Remains the Cornerstone of Democracy

Justice BR Gavai’s emphatic statement reminds the nation that the Indian Constitution is not just a document — it is the bedrock of Indian democracy. Its provisions are sacred, its structure is deliberate, and its balance must be preserved for the nation to thrive.

In times of institutional conflict and power struggle, this reaffirmation by the Chief Justice serves as both a warning and a call to order. The integrity of India’s democratic setup depends on unwavering adherence to constitutional limits — something the framers of the Indian Constitution foresaw and enshrined for all time.