“The Constitution of India is supreme and sacrosanct,’ said the HC bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne in a seven page order authored by the Acting CJ. Justice Gangapurwala said, “Every citizen of India is bound by the Constitution and is expected to abide by the constitutional values. The constitutional institutions are to be respected by all, including constitutional authorities and persons holding constitutional posts. ”
The PIL by a lawyers’ body, Bombay Lawyers Association, and its president advocate Ahmad Abdi had sought invocation of the extraordinary powers of the HC under Article 226 for removal of the vice president and law minister for also not showing respect to the SC and attacking the collegium system as well as the basic structure doctrine of the Constitution.
The HC order said, “The constitutional authorities cannot be removed in the manner as suggested by the petitioner. Fair criticism of the judgment is permissible. It is no doubt, fundamental duty of every citizen to abide by the Constitution. Majesty of law has to be respected. ’’
The HC noted for the Centre, the Vice President, the law minister and the secretary general, Rajya Sabhaadditional solicitor general Anil Singh had submitted that the present PIL is filed for publicity. The ASG had also said, “It is false and frivolous”, adding that the Vice President and the minister “have complete faith in the Constitution” and that the Vice President also said that he has the highest respect for the judiciary and committed to the Constitution of India. ” Singh said the government never undermined the judiciary and its independence and its independence will always remain untouched and they respect ideals of the Constitution, noted the order.