CJI Gavai: Structural Inequalities Impede True Democracy

New Delhi, Jun 19 (PTI) Chief Justice of India B R Gavai has emphasized that no nation can claim true progress and democracy without addressing the structural inequalities marginalizing large sections of society. He highlighted the importance of socio-economic justice for achieving long-term stability, social cohesion, and sustainable development.

Speaking in Milan on the topic "Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian Constitution," CJI Gavai remarked that justice should not be an abstract ideal but must manifest in social structures, opportunities, and living conditions. "Without addressing the structural inequalities that marginalize large sections of society, no nation can claim to be truly progressive or democratic," he stated, asserting that socio-economic justice is a necessity for stability and sustainable development.

He further noted that socio-economic justice goes beyond redistribution or welfare, focusing on enabling every individual to live with dignity, realize their potential, and participate as equals in all aspects of life. "Thus, for any country, socio-economic justice is a crucial aspect of national progress," CJI Gavai added, emphasizing inclusive development and equitable opportunity distribution as essential for dignified and free living for all.

Expressing his gratitude to the Chamber of International Lawyers for the speaking opportunity, CJI Gavai reflected on India's constitutional journey of 75 years, describing it as one of ambition and significant successes. "As Chief Justice of India, I take pride in stating that the framers of the Indian Constitution were deeply conscious of the imperative of socio-economic justice while drafting its provisions," noted the CJI, emphasizing the Constitution's commitment to equality and justice, notably through affirmative action in education for marginalized communities.

CJI Gavai shared his personal experience, being from a historically marginalized background, illustrating the transformative vision of the Constitution that aims to dismantle barriers of caste and exclusion. He argued that the Constitution provides vision, tools, and moral guidance, demonstrating that law can be a catalyst for social change, empowerment, and protection of the vulnerable.

The Indian Constitution, adopted on January 26, 1950, not only governs but also stands as a promise to society, a revolutionary statement offering hope in the post-colonial era striving against poverty and inequality. "It was a promise of a new beginning where social and economic justice would be the main goal of our country," CJI Gavai affirmed, upholding freedom and equality ideals at the Constitution's core.

Reflecting on the Indian Constitution's major role in advancing socio-economic justice over the past 75 years, CJI Gavai recognized the pioneering steps taken by the Indian Parliament in this regard. He highlighted the tension between Parliament and judiciary during amendments, noting this interplay as part of efforts to realize socio-economic rights, referencing the 1973 landmark Kesavananda Bharati case.

CJI Gavai underscored recent efforts to alleviate poverty and enhance basic service provisions like food, housing, and healthcare as crucial shifts in India's social policy. "I can say that both Parliament and the judiciary have expanded the scope of socio-economic rights in the 21st century," he stated.

He drew attention to a recent verdict on structural demolitions without due process as an example of constitutional protection of individual dignity and security. "Here, the Court held that such arbitrary demolitions, which bypass legal processes, violate the rule of law," he explained, reinforcing that constitutional guarantees must protect civil liberties and uphold the well-being of individuals.

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