Article 370 opposed Ambedkar’s one Constitution vision; says CJI Gavai

The Supreme Court drew inspiration from Dr Ambedkar's vision of a united India under a single constitution while upholding the Centre's decision to abrogate Article 370 that granted special status to Jammu and Kashmir

Nagpur: Chief Justice of India B R Gavai on Saturday said Dr B R Ambedkar envisioned one Constitution for the country to keep it united and never favoured the idea of a separate constitution for a state.

Speaking at the inauguration of the Constitution Preamble Park here, the CJI said the Supreme Court drew inspiration from Dr Ambedkar’s vision of a united India under a single constitution while upholding the Centre’s decision to abrogate Article 370 that granted special status to Jammu and Kashmir.

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Gavai was part of a five-judge Constitution bench, headed by then Chief Justice DY Chandrachud, that unanimously upheld the Centre’s decision to abrogate Article 370, which bestowed special status to the erstwhile state of Jammu and Kashmir.

“When Article 370 was challenged, it came before us, and when the hearing was underway, I recalled Dr Babasaheb’s words that one Constitution is suited for a country… If we want to keep the country united, we need only one Constitution,” he said, while addressing the gathering in Marathi.

On August 5, 2019, the Centre decided to strip Jammu and Kashmir of its special status and divide it into two Union Territories. Gavai said Dr Ambedkar had been criticised, saying the Constitution provides for too much federalism, and in times of war, the country may not remain united.

However, he had responded, saying the Constitution would suit all the challenges and keep the nation united, the CJI said. “See the situation in the neighbouring countries, be it Pakistan, Bangladesh or Sri Lanka. Whenever our country faces challenges, it has remained united,” Gavai said.

Speaking on the occasion, Union Minister Nitin Gadkari said he was happy that CJI Gavai inaugurated the Constitution Preamble Park and unveiled a statue of Dr Ambedkar.

Freedom, equality and brotherhood were Dr Ambedkar’s valuable gift to the country in the form of the Constitution, he said. Gadkari said that the Constitution has clearly stated the responsibilities and rights of the four pillars of democracy, i.e. executive, judiciary, legislature and media.

Chief Minister Devendra Fadnavis said Gavai was performing his responsibility as the Chief Justice of India ably. Highlighting the importance of the Constitution, Fadnavis said the government has decided that the Preamble of the Constitution should reach every student to mark the Amrit Mohotsav of the Constitution.

“If we accept the values of the Preamble, 90 per cent of the country’s problems will be solved forever,” he sa