Chief Justice of India (CJI) Bhushan Ramkrishna Gavai on June 28 asserted that Article 370, which granted special status to Jammu and Kashmir, was fundamentally opposed to Dr B.R. Ambedkar’s vision of one Constitution for a united India. Justice Gavai emphasised that the country must be governed by a single constitutional framework to ensure unity and integrity.
The Chief Justice, who was part of the historic five-judge Constitution Bench that unanimously upheld the Centre’s 2019 decision to abrogate Article 370, made the remarks while inaugurating the Constitution Preamble Park at Dr Babasaheb Ambedkar College of Law, Nagpur University, his home state Maharashtra.
“One Nation, One Constitution”
“The country needs only one Constitution. The country must be governed by one Constitution. If we want to keep the country united, we need only one Constitution,” Justice Gavai said, echoing the philosophy of Dr Ambedkar, the chief architect of the Indian Constitution.
Referring to the landmark verdict delivered by the Supreme Court in December 2023, which upheld the removal of Article 370, Justice Gavai pointed out that the court had unanimously reaffirmed this principle of constitutional unity. “The Supreme Court has upheld that one Constitution must apply to the entire country,” he said.
The abrogation of Article 370, which had granted special autonomy to the erstwhile state of Jammu & Kashmir, has remained a deeply debated subject in political and legal circles. The Supreme Court’s ruling had not only endorsed the government’s decision but also underscored the idea that India’s unity must reflect in its legal and constitutional framework.
Babasaheb Ambedkar’s Constitutional Vision
Justice Gavai, who made history as the second Dalit and the first Buddhist Chief Justice of India, invoked the life and work of Dr Ambedkar to underline how the Constitution was meticulously crafted to avoid excessive federalism that could threaten national unity.
“Babasaheb Ambedkar had often faced criticism that the Indian Constitution provided too much federalism, which could endanger the country’s unity during times of war or crisis. But Ambedkar clearly explained that the Indian Constitution is neither purely centric nor purely federal—it is unique in its adaptability,” Justice Gavai said.
He went on to draw comparisons with neighbouring countries such as Pakistan, Bangladesh, and Sri Lanka, suggesting that despite India facing numerous challenges over the decades, it has remained intact—thanks to the constitutional values enshrined by Dr Ambedkar.
Caution Against Judicial Overreach
Justice Gavai also used the occasion to remind the judiciary of its limits and the importance of maintaining the delicate balance of power between the judiciary, legislature, and executive.
“The judiciary should not overstep its boundaries. Judicial activism must never descend into judicial terrorism or adventurism,” he cautioned. His remarks come amid growing debates over judicial overreach and the role of courts in political or policy matters.
The CJI called for a respectful adherence to the doctrine of separation of powers, stressing that every constitutional organ must work within its assigned sphere to preserve democracy.
A Tribute to the Constitution
Describing the Indian Constitution as a “remarkable document,” Justice Gavai highlighted how it guarantees social, economic, and political justice, paving the way for a more inclusive society.
He acknowledged the profound personal impact of Dr Ambedkar’s work on his own life and career. “Had it not been for Dr Ambedkar’s visionary Constitution, I would not be standing here today as the Chief Justice of India,” he said, receiving applause from the audience.
Justice Gavai’s comments come at a time when constitutional values, federalism, and national unity remain at the heart of India’s legal and political discourse. His invocation of Ambedkar’s legacy served both as a reaffirmation of India’s democratic foundations and a pointed reflection on recent constitutional milestones like the abrogation of Article 370.
