Without addressing inequalities, no nation can claim to be truly democratic: CJI Gavai

Hindustan Times

5 hours ago

New Delhi, Without addressing the structural inequalities that marginalise large sections of society, no nation can claim to be truly progressive or democratic, Chief Justice of India BR Gavai said on Wednesday while emphasising that socio-economic justice is a practical necessity for achieving long-term stability, social cohesion, and sustainable development.
Speaking at a function in Milan on the topic of "Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian Constitution", the CJI said that justice is not an abstract ideal and it must take root in social structures, in the distribution of opportunity, and in the conditions under which people live.
"Without addressing the structural inequalities that marginalise large sections of society, no nation can claim to be truly progressive or democratic. Socio-economic justice, in other words, a practical necessity for achieving long-term stability, social cohesion, and sustainable development," he said.
The CJI said that it is not merely a matter of redistribution or welfare but it is also about enabling every person to live with dignity, to realise their full human potential, and to participate as equals in the social, economic, and political life of the country.
"Thus, for any country, socio-economic justice is a crucial aspect of national progress. It ensures that development is inclusive, that opportunities are equitably distributed, and that all individuals, regardless of their social or economic background, can live with dignity and freedom," he said.
Thanking the Chamber of International Lawyers for inviting him to deliver a speech on the topic, CJI Gavai said the journey of the Indian Constitution over the past seventy-five years in delivering socio-economic justice is a story of great ambition and important 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. Its drafting took place in the aftermath of a long and hard-fought struggle for independence from colonial rule," he said.
He said affirmative action policies in education, which sought to correct historical injustices and ensure representation of Scheduled Castes, Scheduled Tribes, and socially and educationally backward classes, have been a concrete expression of the Constitution's commitment to substantive equality and socio-economic justice.
"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. Coming from a historically marginalised background, I am a product of the very constitutional ideals that sought to democratise opportunity and dismantle the barriers of caste and exclusion," he said.
Elaborating further, the CJI said the Constitution has given people the vision, the tools, and the moral guidance and it has shown that law can indeed be a tool for social change, a force for empowerment, and a protector of the vulnerable.
CJI Gavai added that the Indian Constitution, which was adopted on January 26, 1950, is not just a political document for governance, but is a promise to society, a revolutionary statement, and a ray of hope for a country coming out of long years of colonial rule, suffering from poverty, inequality, and social divisions.
"It was a promise of a new beginning where social and economic justice would be the main goal of our country. At its core, the Indian Constitution upholds the ideals of freedom and equality for all," he said.
He said that over the past 75 years, India's Constitution has played a major role in advancing socio-economic justice for its citizens and in fact, the earliest and most significant steps toward this goal were initiated by the Indian Parliament.
"The tension between Parliament and the judiciary, particularly concerning the scope of Parliament's power to amend the Constitution, revolved around a fundamental question: how far could constitutional amendments go? While this episode is often remembered as an institutional rivalry between the judiciary and Parliament, it is important to recognise that it unfolded against the backdrop of efforts to realise socio-economic rights,' he said, while recalling the backdrop of the 1973 landmark verdict in the Kesavananda Bharati case.
He added that efforts to reduce poverty, enhance job creation and provide basic services like food, housing, and healthcare have also been critical to India's social policy landscape in the recent decades.
"I can say that both Parliament and the judiciary have expanded the scope of socio-economic rights in the 21st century," he underscored.
CJI Gavai referred to the recent verdict on the issue of demolition of structures where the court examined the decisions of the state authorities to demolish homes and properties of an accused, as a punishment even before they were convicted by a court of law.
"Here, the Court held that such arbitrary demolitions, which bypass legal processes, violate the rule of law and the fundamental right to shelter under Article 21. The executive cannot become judge, jury, and executioner all at once," he said, adding that the decision reaffirmed that constitutional guarantees must not only protect civil liberties but must also uphold the dignity, security, and material well-being of every individual, especially the vulnerable.