Constitution is supreme, all three wings of democracy work under it: CJI Gavai
Amravati(PTI): Chief Justice of India B R Gavai has said the Constitution of India is supreme and all three wings of democracy work under it.
Referring to a judgment passed by the Supreme Court on the foundation of the `Basic Structure' doctrine, he said Parliament has the power to amend, but it cannot alter the basic structure of the Constitution.
Justice Gavai, who took oath as the 52nd CJI last month, was speaking on Wednesday at his felicitation in Amravati city of eastern Maharashtra, his hometown.
He said while some people say Parliament is supreme, in his opinion the Constitution is paramount.
There is always a discussion as to which wing of democracy -- the executive, legislature or the judiciary -- is supreme, he said.
"While many say and believe that Parliament is supreme, according to me, it is the Constitution of India that is supreme. All three wings of the democracy work under the Constitution," he said.
A judge does not become independent just by passing orders against the government, he further said.
"A judge should always remember that we have a duty, and we are custodians of the rights of citizens and constitutional values and principles. We don't just have power, but a duty is cast upon us," he said.
A judge should not be guided by what people will say or feel about their judgment, the CJI said.
"We have to think independently. What people will say cannot become a part of our decision-making process," he added.
The CJI asserted that he always let his judgments and work speak, and always stood by the fundamental rights enshrined in the Constitution.
Referring to his judgment against "bulldozer justice", he said the right to shelter is supreme.
CJI Gavai also reminisced about his childhood days, saying while he wanted to be an architect, his father wished that he become a lawyer.
"My father had wanted to become a lawyer but was unable to become one, as at the time he was arrested for being part of the freedom movement," he said.
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Karnataka MLA Vinay Kulkarni disqualified after conviction in Goudar murder case
Bengaluru (PTI): The Karnataka Legislative Assembly on Saturday issued an official notification regarding the disqualification of Congress MLA Vinay Kulkarni following his conviction in the murder case of BJP leader Yogeshgouda Goudar.
The former minister is currently in prison, serving life imprisonment in the case.
“Consequent upon the conviction of Vinay Kulkarni, Member of the Karnataka Legislative Assembly representing the Dharwad constituency, by the LXXXI Additional City Civil & Sessions Judge, Bengaluru City (CCH-82), in Spl CC No. 565/2021, he stands disqualified from the membership of the Karnataka Legislative Assembly from the date of conviction, i.e, April 15, 2026,” the notification read.
“He stands disqualified in terms of the provisions of Article 191(1)(e) of the Constitution of India, read with Section 8 of the Representation of the People Act, 1951, and such disqualification shall continue for a further period of six years after his release, unless the conviction is stayed by a competent court,” it added.
Hence, one seat in the Karnataka Legislative Assembly has fallen vacant, the notification said.
Bypolls were held on April 9 to fill two other seats in the 224-member Assembly that fell vacant due to the death of sitting MLAs. The results will be declared on May 4.
On April 15, Judge Santhosh Gajanan Bhat convicted Kulkarni and others under various IPC sections, including criminal conspiracy and murder. Subsequently, on April 17, the court sentenced Kulkarni and 15 others convicted in the case to life imprisonment.
The case pertains to the killing of Goudar, a BJP Zilla Panchayat member, in Dharwad on June 15, 2016. Kulkarni was a minister at that time. Hired assailants attacked and hacked Goudar to death in his gym at Saptapur in Dharwad.
Following demands from Goudar’s family and others, the then-BJP government transferred the case to the CBI in 2019.
The CBI filed a supplementary chargesheet in 2020, naming Vinay Kulkarni as the “main conspirator.” It alleged that he perceived Yogeshgouda Goudar as a growing political rival in Dharwad and hired contract killers to eliminate him.
Kulkarni was arrested by the CBI in 2020. He was granted bail by the Supreme Court in August 2021 under certain conditions, including a ban on entering Dharwad district. However, in June 2025, the apex court cancelled his bail following allegations of witness tampering and attempts to influence prosecution witnesses.
Kulkarni again sought bail in January 2026, but the High Court rejected it, citing judicial propriety.
However, the Supreme Court granted him bail on February 27 after noting that all witnesses had been examined.
