CJI BR Gavai Emphasises Need for Socio-Economic Justice to Achieve True Democracy

Chief Justice of India BR Gavai highlighted the importance of addressing structural inequalities for a nation to be truly progressive and democratic. Speaking in Milan, he stressed that socio-economic justice is essential for achieving stability, social cohesion, and sustainable development. He noted that justice should be embedded in social structures, opportunities, and living conditions.

Socio-economic justice is not just about redistribution or welfare. It involves enabling everyone to live with dignity, realise their potential, and participate equally in society. This aspect is crucial for national progress, ensuring inclusive development and equitable opportunities for all individuals, regardless of their background.

Role of the Constitution in Socio-Economic Justice

CJI Gavai expressed gratitude to the Chamber of International Lawyers for inviting him to discuss the Indian Constitution's role in delivering socio-economic justice over 75 years. He described this journey as one of ambition and success. The framers of the Constitution were aware of the need for socio-economic justice when drafting its provisions after India's struggle for independence.

The Chief Justice emphasised that affirmative action policies in education have been vital in correcting historical injustices. These policies ensure representation for Scheduled Castes, Scheduled Tribes, and socially and educationally backward classes. "I have often said, and I reiterate here today, that it is because of this constitutional vision of inclusion and transformation that I am standing before you as the Chief Justice of India," he stated.

Constitution as a Tool for Social Change

CJI Gavai elaborated on how the Constitution provides vision, tools, and moral guidance. It demonstrates that law can drive social change, empower individuals, and protect the vulnerable. Adopted on January 26, 1950, the Indian Constitution is more than a political document; it is a promise to society and a beacon of hope for a nation emerging from colonial rule.

The Constitution's core ideals are freedom and equality for all. Over 75 years, it has significantly advanced socio-economic justice in India. Early steps towards this goal were initiated by Parliament. The tension between Parliament and the judiciary over constitutional amendments highlights efforts to realise socio-economic rights.

Judiciary's Role in Upholding Rights

CJI Gavai recalled the landmark Kesavananda Bharati case of 1973, which addressed Parliament's power to amend the Constitution. This episode underscored efforts to realise socio-economic rights amidst institutional rivalry between Parliament and the judiciary. Recent decades have seen efforts to reduce poverty, create jobs, and provide basic services like food, housing, and healthcare.

He noted that both Parliament and the judiciary have expanded socio-economic rights in the 21st century. Referring to a recent verdict on demolitions without legal process, he said such actions violate Article 21's right to shelter. "The executive cannot become judge, jury, and executioner all at once," he added.

This decision reaffirmed that constitutional guarantees must protect civil liberties while upholding dignity, security, and material well-being for all individuals, especially the vulnerable.

With inputs from PTI