Institutional Respect and Constitutional Supremacy Crucial in a Democracy

The newly sworn-in Chief Justice of India (CJI), Bhushan Ramkrishna Gavai, made a significant remark that not the judiciary, nor the executive, but the Constitution of India is supreme. It raises deeper constitutional and democratic concerns about the relationship between the three organs of the state and the importance of mutual respect in a healthy democracy.

What is Separation of Powers?

• The Constitution outlines a clear separation of powers:
  • Legislature: Makes laws
  • Executive: Implements laws and manages administration
  • Judiciary: Interprets laws and protects rights
• However, these functions inevitably overlap in practice, requiring each organ to cooperate without encroaching on the other's space.
• This is where institutional discipline and mutual understanding become critical.
• No branch can claim superiority—but all must act in a way that upholds the supremacy of the Constitution.

Why Institutional Respect Matters?

• Foundation of Constitutional Governance: Respect between organs of the state is not about individual positions—it's about the dignity of constitutional offices. When one branch fails to acknowledge the role or presence of another, it sends a signal that collaboration and mutual accountability may be weakening.
• Symbolism and Legitimacy: The way institutions treat each other is symbolic of how constitutional values are lived out in practice. Disregard for established conventions (like welcoming constitutional dignitaries) undermines the moral legitimacy of the institutions involved.
• Preventing Institutional Friction: Indian democracy has witnessed instances where friction between executive and judiciary—or between Centre and States—has created confusion or even constitutional crises. Proactive institutional courtesy helps build confidence and prevent escalation.
• Constitutional Morality vs. Procedural Formality: True constitutional governance isn’t just about laws and orders—it’s also about constitutional morality: the unwritten norms of respect, restraint, and recognition. These moral values are essential for the long-term health of democratic institutions.

Constitutional Supremacy: What It Means in Practice?

• The Constitution is the highest authority in India—not the Parliament, not the Prime Minister, not the Chief Justice.
• All laws, decisions, and actions by any branch of government must align with constitutional principles such as equality, rule of law, federalism, and justice.
• Even the Supreme Court’s powers under Article 142, while broad, must be used within the constitutional framework and not beyond it.
• Similarly, executive authority is subject to judicial review, and the legislature’s actions are limited by constitutional amendments and checks.

In other words, each institution derives its legitimacy from the Constitution—and none can act as if it exists above it.