Referring to his personal experience, CJI Gavai gave credit to the inclusive vision of the Constitution for his own journey which started from a historically marginalised background to the position of the Chief Justice of India.
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Addressing a conference in Milan on “Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian Constitution,” the Chief Justice of India B.R. Gavai stressed that a nation can never truly be democratic or progressive till it has dealt with its deep-rooted structural inequalities, that it is important to understand that socio-economic justice is necessary to ensure a fair, stable, and inclusive society.
Socio Economic Justice- a Practical Necessity
- Justice Gavai in his address mentioned that the concept of socio-economic justice is not a mere theoretical or abstract idea, albeit a practical necessity to ensure a long-term social cohesion, sustainable development, as well as national progress.
- He said, “without addressing the structural inequalities that marginalise large sections of society, no nation can claim to be truly progressive or democratic.”
- The CJI expressed that socio-economic justice involves the empowerment of individuals so that they could live with dignity and are able to participate equally in social, economic, and political life.
Development and Equality of Opportunity
- According to the CJI, socio-economic justice does not mean welfare schemes or redistribution of resources only,
- it demands for an equitable distribution of opportunities and to ensure that each individual is able to realise his optimum potential regardless of their background.
- Development must be inclusive. Opportunities should be shared equitably so that all citizens may live with dignity and freedom.”
A Beacon for Social Transformation The Constitution of India
- Acknowledging the efforts of the framers of the Constitution, who faced oppression from the colonisers and had the vision to form a state where social upliftment and justice took the centre stage, thereby prioritising social justice in the society.
- “The Constitution was born from a desire for justice—economic, social, and political. It promised a fresh beginning to a country emerging from years of colonial rule.”
- Referring to his personal experience, CJI Gavai gave credit to the inclusive vision of the Constitution for his own journey which started from a historically marginalised background to the position of the Chief Justice of India.“I am a product of the constitutional vision that democratized opportunity and sought to dismantle caste-based exclusion.”
- CJI Gavai pinpointed the importance of positive action in education and employment of the public, which played an important role in correcting historical injustices which took place against the Scheduled Castes, Scheduled Tribes, and other backward communities.
Law to Act as a Tool for Social Empowerment
- The Chief Justice described the Constitution as more than a document for legal or governance framework, but also acts as a moral guide as well as social contract.
- The Constitution is a force which is capable of empowering the weak, protect the vulnerable as well as promotes equality, he said. “Law can be a mechanism for social change and a protector of the marginalised.”
Parliament and Judiciary Work Together for Social Justice
- Looking back on the 75 years of constitutional history, CJI Gavai accepted the fact that both the Parliament as well as the judiciary have given significant contribution to ensure socio-economic rights.
- Mentioning the landmark judgement in the Kesavananda Bharati case of 1973 as a turning point in which the limits of constitutional amendments were explained as well as the basic structure doctrine was explained, hence securing the socio-economic goals.
Recent Efforts by the Judiciary to Uphold Socio-Economic Rights
- Explaining the role of the judiciary in securing the socio-economic rights, CJI mentioned the recent judgment on illegal demolitions, where the Supreme Court intervened so as to ensure the right to shelter provided under Article 21 of the Constitution. Condemning the arbitrary actions by state authorities, the Supreme Court asserted, “the executive cannot be judge, jury, and executioner. Such demolitions violate due process and fundamental rights.”
Conclusion
Concluding his address, the Chief Justice reiterated that India’s journey towards socio-economic justice, though still continuing, has witnessed meaningful progress by means of constitutional commitments as well as institutional safeguards.“Socio-economic justice lies at the heart of our national purpose—it defines who we are and what we strive to become as a democratic republic.”
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