‘Three pillars of democracy are equal’: CJI Gavai stresses mutual respect amid judicial overreach debate

During the event, a book chronicling 50 landmark judgments authored by Justice Gavai was also released.

Chief Justice of India (CJI) B R Gavai on May 18 stressed on the importance of mutual respect among constitutional institutions, stating that the judiciary, legislature, and executive are equal pillars of democracy. His remarks come amid ongoing discussions around judicial overreach triggered by recent Supreme Court rulings.

Speaking at a felicitation ceremony organised by the Bar Council of Maharashtra and Goa in Mumbai, CJI Gavai said, “The three pillars of democracy, judiciary, legislature and executive, are equal. Every constitutional institution must reciprocate and give respect to the other.”

This was his first visit to his home state of Maharashtra since taking charge as the 52nd Chief Justice of India last month.

During his address, the Chief Justice also pointedly noted the absence of Maharashtra’s top officials, the Chief Secretary, the Director General of Police, and the Mumbai Police Commissioner, at the event.

“If the Chief Secretary of the state, DGP or Mumbai police commissioner does not want to come there, when the CJI, who is from Maharashtra, has arrived for the first time, it's up to them to think about whether it is right or not,” he said.

"Every organ of the Constitution must reciprocate and give respect to the other organ of the Constitution. When the son of this State, who has become the CJI comes to Maharashtra for the first time, if the State's Chief Secretary, Commissioner of Police etc do not want to attend the event, that is best left on their wisdom."

CJI Gavai in his speech points out that he usually doesn't believe in "protocol" but says, "Every organ of the Constitution must reciprocate and give respect to the other organ of the Constitution. When the son of this State, who has become the CJI comes to Maharashtra for the
Live Law (@LiveLawIndia) May 18, 2025

Though the CJI clarified that he did not wish to dwell on what might seem like a “small issue,” he said such actions reflect on the state of inter-institutional respect. “When the head of a constitutional institution visits the state for the first time, the kind of reception given to them must be considered carefully… These may seem like small matters, but people need to understand their significance.”

In a lighter tone, the Chief Justice quipped, “If in my place there was someone else, then the provisions of Article 142 would be considered.”

Article 142 of the Constitution empowers the Supreme Court to pass orders necessary to ensure “complete justice” in any case before it, including securing the attendance of individuals.

CJI Gavai, who was sworn in as the 52nd Chief Justice of India on May 14, was in Mumbai to attend both the felicitation ceremony and the State Lawyers’ Conference.

During the event, a book chronicling 50 landmark judgments authored by Justice Gavai was also released. Reflecting on his legal journey, Gavai shared personal anecdotes, including his aspiration to become an architect and the decision to pursue law to honour his father’s wish.

“My father couldn’t fulfil his dream of becoming a lawyer due to imprisonment during his youth, but he hoped one of his sons would. As the eldest, I chose to honour his wish,” he said.

He also said the legal fraternity has always been like family to him. “From 1985 to 2023, I was a member of the Bar, and after my retirement in November 2025, I will be one again. This is like a family celebration for me.”

Earlier on Saturday, CJI Gavai was felicitated at another ceremony hosted by the Bar Council of India. Addressing the gathering, he pledged to uphold his constitutional duties.

“The only thing I can say is that whatever short period that I have, I will do my best to stand by my oath to uphold the rule of law, to uphold the Constitution of India,” he said.