Former CJI BR Gavai Highlights India’s Evolving Constitutional Journey At Constitution Day Lecture

Marking the 76th Constitution Day, former Chief Justice of India, Justice BR Gavai, delivered a commemorative address on the evolution of India’s constitutional democracy.

The lecture, centred on the theme ‘The Living Constitution: 75 Years of Democracy, Dignity, and Development’, was organised by the Dr Ambedkar Foundation under the Ministry of Social Justice & Empowerment. Senior officials, scholars, and constitutional experts were present at the event.

Opening his speech, Justice Gavai extended warm greetings on the occasion and expressed gratitude to the Foundation for facilitating the gathering. He described the Indian Constitution as a dynamic document that has shaped the country’s democratic progress for more than seven decades.

For citizens, he remarked, the Constitution holds the significance of a shared moral and legal compass, embodying the ideals of justice, liberty, equality, and fraternity.

He emphasised that the Constitution’s evolution stems from a collaborative process involving Parliament and the judiciary. Early judicial rulings, he noted, revealed gaps that were soon addressed through constitutional amendments.

The First Amendment, introduced after the Champakam Dorairajan verdict, paved the way for reservations for socially and educationally backward classes. Similarly, land reform initiatives led to the creation of the Ninth Schedule to shield such policies from judicial review.

Key Judgments and Amendments That Reinforced Democracy

Justice Gavai underscored the historic significance of the Kesavananda Bharati judgment of 1973, calling it a defining moment that safeguarded India’s democratic essence.

The ruling established that while Parliament holds wide powers to amend the Constitution, it cannot modify its basic structure, thereby protecting democratic institutions such as the separation of powers and judicial independence.

He also pointed to amendments that strengthened civic responsibility and governance. The 42nd Amendment introduced Fundamental Duties, while the 52nd Amendment’s Tenth Schedule aimed to curb political defections.

Further, decentralised governance gained constitutional footing through the 73rd and 74th Amendments, which empowered Panchayati Raj Institutions and Urban Local Bodies.

A major part of the address centred on the transformation of Article 21. Justice Gavai explained how the Supreme Court, starting with the Maneka Gandhi case, expanded the meaning of ‘life and personal liberty’ to include a wide range of rights essential to human dignity.

These interpretations have led to judicial recognition of the rights to food, shelter, healthcare, education, clean air, safe water, and protection from arbitrary detention. He also highlighted the MC Mehta environmental rulings, which tied ecological protection directly to the right to life.

Concluding his remarks, Justice Gavai stressed the need for development strategies that align with constitutional values, environmental sustainability, and the dignity of vulnerable groups. Over the past 75–76 years, he said, Parliament, the judiciary, and the executive have consistently worked to maintain harmony between economic ambitions and constitutional principles.

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