NAGPUR: Chief Justice of India B.R. Gavai on Saturday said the Supreme Court upheld the abrogation of Article 370, which gave special status to Jammu and Kashmir, “so that the country is governed by only one Constitution,” as envisioned by Dr. B.R. Ambedkar.

The CJI was in Nagpur for the inauguration of a ‘Constitution Preamble Park’ and the unveiling of Ambedkar’s statue at a law college.

CJI Gavai was part of the five-judge Constitution Bench of the Supreme Court, led by then Chief Justice D.Y. Chandrachud, which in December 2023 upheld the Centre’s decision to abrogate Article 370.

“When Parliament abrogated Article 370 and the challenge against it came before us, during the hearing, I had referred to Dr. Ambedkar’s speech. He had said that in the United States of America, there is a Constitution of the federal government which governs very limited subjects, and every state also has its own Constitution which has a broader scope,” CJI Gavai said.

“That is why Dr. Ambedkar had said that this country needs only one Constitution to keep it united. Before the abrogation of Article 370, a separate Constitution for just one state was not in line with Ambedkar’s vision or thinking. Therefore, we unanimously upheld Parliament’s decision so that the country would be governed by only one Constitution,” he added.

“Even though our Constitution is federal, it is not like that of America. It is federal as well as unitary at the same time. Many had alleged that the Constitution provides for excessive centralisation and that the country may not remain united during times of war. To them, Babasaheb had responded firmly — he said that the Constitution is neither overly centralised nor excessively federal. It is well-suited to meet all challenges. And he assured the nation that the Constitution would keep the country united in times of both war and peace,” the CJI said.

Reflecting on Ambedkar’s critical role in the making of the Constitution, CJI Gavai recalled his emphasis on enforceable rights, citing Article 32 as the heart and soul of the Constitution. “Babasaheb said rights mean little if there are no remedies to enforce them,” he said. “That is why today we see Article 32 in the Constitution, which we call the right to remedy in case of violation of fundamental rights.”