In a landmark address in Milan, Chief Justice of India Justice BR Gavai underscored the transformative role of the Indian Constitution in promoting socio-economic justice over the past 75 years.
Speaking at the invitation of the Chamber of International Lawyers, Justice Gavai addressed an esteemed audience of European judges, legal professionals, and academics.
Justice Gavai reflects India’s commitment to justice and equality
Justice Gavai opened his remarks by reflecting on India’s unique constitutional journey, especially in the context of poverty, inequality, and colonial legacy.
He drew on influential thinkers such as John Rawls and Amartya Sen to assert that justice should translate into real opportunities for the least advantaged.
He emphasised that socio-economic justice is essential not just for welfare but for enabling dignity, autonomy, and equal participation in society.
Highlighting the contributions of Mahatma Gandhi, Jawaharlal Nehru, and Dr BR Ambedkar, Justice Gavai reiterated that India’s founding leaders envisioned a Constitution that would go beyond political freedom and ensure economic and social upliftment.
He cited Ambedkar’s writings that stressed the need to address structural inequalities for the true realisation of civil liberties.
Justice Gavai explains directive principles & democratic promise
Justice Gavai explained how the Constitution’s Directive Principles of State Policy reflect a commitment to socio-economic rights such as education, health, livelihood, and protection for marginalised communities.
He noted that while these principles are not enforceable by courts, they guide policymaking and hold the state accountable to its people.
Judicial and legislative evolution
Acknowledging initial setbacks, including the judiciary’s early resistance to policies like caste-based quotas and land reforms, Justice Gavai recalled how Parliament responded with the First Constitutional Amendment in 1951.
This amendment introduced the Ninth Schedule to safeguard progressive laws from judicial invalidation.
Concluding his address, Justice Gavai emphasised that despite early scepticism from constitutional scholars like Sir Ivor Jennings, the Indian Constitution has proven to be a resilient and evolving framework.
He described it as a beacon for inclusive governance and a model for other democracies striving to achieve justice through law.
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