CHIEF JUSTICE of India Bhushan Gavai set the ongoing constitutional discourse on a different course when he insisted that special status to a State and multiple constitutions were against the constitutional ideology of Dr Babasaheb Ambedkar. Speaking at the inauguration of the country’s first Constitutional Preamble Park at Rashtrasant Tukadoji Maharaj Nagpur University’s

 

Dr Babasaheb Ambedkar School of Law at Nagpur on Saturday, CJI Gavai said that Dr Ambedkar treated the Constitution as a document of national unity. “Dr Babasaheb Ambedkar had said that the country needs only one Constitution to keep the nation united, and having a separate Constitution for only one State was against his thoughts, which helped us to upheld the abrogation of Article 370,” he stated. Article 370 was the result of Instrument of

 

Accession signed in 1947by Maharaja Hari Singh, the erstwhile ruler ofJammu andKashmir. Through this instrument, Maharaja Hari Singh acceded the State to India but limited India’s power to legislate for the State to matters of defence, external affairs and communication. The article had given Jammu and Kashmir an unique status within India, allowing it to have its own Constitution and autonomy over internal administration.

 

The Article 370 was long been topic of contention in the country. It was finally abrogated by the Central Government on August 5, 2019, which was later challenged in the Supreme Court. CJI Bhushan Gavai was member of the constitutional bench that upheld the abrogation of Article 370. Even though, the Supreme Court upheld the abrogation, there has been a debate against the decision of the SupremeCourt.CJIBhushanGavaihas quelled the debate for once and all in a rarecomment about thejudicialpronouncement. ChiefMinisterDevendra Fadnavis, Union Minister Nitin Gadkari, Revenue Minister ChandrashekharBawankule,Minister of State Adv Ashish Jaiswal, Minister ofSocial JusticeSanjayShirsatwerealso present during the programme. CJI Bhushan Gavai, in his address, shed a light on vision of Dr Babasaheb Ambedkar while writing the draft of Indian Constitution.

 

He said, “While answering tothedoubts raisedbysome membersregardingConstitutionbeing too much centric while other saying its toomuch federalist giving toomuch room to State units that can endanger the unity of nation in times of war, Dr BabasahebAmbedkar assured that the Constitutionwillkeep thecountryunited in times of war and also in times of peace.” He compared the examples of chaos in neighbouring countries like Sri Lanka, Bangladesh, Pakistan with that of peaceful condition in India. “In thelast75yearsof IndianConstitution, whenever the country has faced a war, the nation has stood united proving Dr Babasaheb Ambedkar right,” he added.