In a significant address at the First Dr. Ambedkar Memorial Lecture organized by the Dr. Ambedkar International Centre (DAIC), Supreme Court Judge Justice B.R. Gavai emphasized Dr. B.R. Ambedkar’s caution against allowing Parliament to amend the Constitution at will. Justice Gavai highlighted that Ambedkar, during the Constituent Assembly debates, argued that if Parliament were given unrestricted power to amend the Constitution, there was a risk that a political party might alter it to implement its own ideology, undermining democratic principles. Ambedkar believed that while provisions should be adaptable to changing needs, the Constitution should not be amended at the “sweet will” of the majority.
Justice Gavai also referenced the landmark Kesavananda Bharati case, where the Supreme Court ruled that while Parliament has the authority to amend the Constitution, it cannot alter its “basic structure.” This principle serves as a safeguard against potential misuse of amendment powers.
Furthermore, Justice Gavai acknowledged Ambedkar’s foresight in ensuring the inclusion and upliftment of marginalized communities, noting the election of individuals from these communities to high offices, such as Presidents K.R. Narayanan and Ram Nath Kovind, and women Presidents Pratibha Patil and Droupadi Murmu.
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