Latest news with #DirectivePrinciplesofStatePolicy
Hindustan Times
13-07-2025
- Politics
- Hindustan Times
Directive principles serve as roadmap to ensure justice: CJI
Chief Justice of India (CJI) BR Gavai on Saturday said Directive Principles of State Policy enshrined in the Constitution were non-enforceable in courts but they served as a 'roadmap for legislators and executives to realise the promise of justice and equality'. Telangana chief minister Revanth Reddy, Chief Justice of India BR Gavai and others during the 22nd Convocation of the NALSAR University of Law in Hyderabad on Saturday. (ANI) Delivering a lecture on 'Constitution of India: The contribution of BR Ambedkar' on the occasion of Constitutional Awareness Week at Tagore Auditorium in Osmania University, justice Gavai said Article 32, which empowers citizens to approach the Supreme Court in case of violation of fundamental rights, was the heart and soul of the Constitution. The CJI admitted that the Directive Principles of State Policy enshrined in the Constitution were non-enforceable in courts but they served as the moral compass of governance. 'They are not just empty words; they serve as a roadmap for legislators and executives to realise the promise of justice and equality,' he said. Stating that there was a historical conflict between Fundamental Rights and Directive Principles, he referred to the landmark Kesavananda Bharati case of 1973, where the Supreme Court clarified that both must work in harmony as twin pillars of constitutional governance. He described the Constitution as an instrument of social and economic transformation, as envisioned by Ambedkar. 'The Constitution is very dear to my heart,' the CJI said and explained its journey from the Objective Resolution in 1946 to its adoption in 1949. He credited Dr Ambedkar's leadership and intellectual rigour in shaping the foundational document of modern India. He noted that while the Constitution of India was influenced by global models, it was tailored uniquely to India's needs, creating a single, unified legal framework unlike the dual systems seen in countries like the US. 'Ours is a strong federal structure with one Constitution applicable to all states and citizens,' he said. Justice Gavai encouraged law graduates to uphold constitutional values and cautioned against pursuing foreign degrees under peer pressure, stressing the need to invest in and strengthen India's legal education system. 'Excellence lies in strong foundations, not just foreign credentials,' he advised. Speaking on the occasion, justice Sujoy Paul, acting chief justice of Telangana high court, recalled Ambedkar's words that however good the Constitution may be, it can fail if those who implement it are not good. 'Likewise, even a bad Constitution can work well with good people.' He noted how the Constitution, once criticised as being overly long and rigid, has proven remarkably resilient over 75 years. 'We, the people of India, adopted, enacted, and gave ourselves this Constitution. And we, the people, are also its keepers,' he added. 'Indian legal system badly in need of fixing' Earlier, delivering the 22nd annual convocation address of the NALSAR University of Law at Shamirpet on the outskirts of Hyderabad, the Chief Justice of India said that the Indian legal system has been facing unique challenges and is badly in need of fixing. 'The country and its legal system are facing unique challenges like delays in trials which can sometimes go for decades. In certain cases, someone has been found innocent after spending years in jail as an under trial. It is badly in need of fixing,' he said. He, however, said he was optimistic that his fellow citizens would rise to the occasion to meet the challenges. 'We must build nurturing academic environments, offer transparent and merit-based opportunities, and most importantly, restore dignity and purpose to legal research and training in India,' the CJI said. He pointed out that it was not just enough to celebrate India's legal legacy but one must invest in its future, not only in institutions but in imagination, in mentorship programs, research fellowships, local innovation ecosystems and ethical workplaces that make the best minds want to stay or return. 'That future depends on how we treat our researchers, our young faculty and lawyers. Our best talent can help us resolve the problems that we are facing,' he said. Justice Gavai advised the passing out graduates to seek mentors for the sake of integrity and not for their power. Telangana chief minister A Revanth Reddy and Supreme Court judge Justice P S Narasimha also participated, while acting Telangana acting CJ justice Sujoy Paul presided.
Hans India
13-07-2025
- Politics
- Hans India
Constitution reflects vision of Ambedkar, says CJI Gavai
Hyderabad: Chief Justice of India, Justice Bhushan Ramkrishna Gavai, said Dr. BR Ambedkar's contribution to shaping the Indian Constitution as a testament to his foresight in acting as an instrument of social and economic transformation in the country. The CJI delivered a lecture on Dr. BR Ambekdari's contribution to the Indian Constitution organised by Osmania University on Saturday. He noted how Dr BR Ambedkar had to come up within a short period the Objective Resolution in 1946 and steered it till its adoption in 1949. The CJI said the Constitution stands as an epitome of Dr Ambedkar's leadership and intellectual rigor in shaping the foundational document of modern India. He stressed that rights without remedies are meaningless, highlighting Article 32, which empowers citizens to approach the Supreme Court in case of violation of fundamental rights. Calling it the 'heart and soul of the Constitution,' he stressed that judicial remedies are crucial to upholding democratic freedoms. Further, while India's Constitution was influenced by global models, it was tailored uniquely to India's needs, creating a single, unified legal framework unlike the dual systems seen in countries like the U.S. 'Ours is a strong federal structure with one Constitution applicable to all states and citizens,' he said. Touching upon the Directive Principles of State Policy, however, he noted the criticism that they are non-enforceable in courts but defended them as the moral compass of governance. 'They are not just empty words; they serve as a roadmap for legislators and executives to realize the promise of justice and equality,' he added. The CJI also traced the historical tension between Fundamental Rights and Directive Principles, referencing the landmark Kesavananda Bharati case of 1973, where the Supreme Court clarified that both must work in harmony as twin pillars of constitutional governance. The Acting Chief Justice of Telangana High Court, Justice Sujoy Paul, recalled Dr Ambedkar's intellectual vision citing his words- 'However good a Constitution may be, it can fail if those who implement it are not good. Likewise, even a bad Constitution can work well with good people.' He also reminded me how Sir Ivor Jennings mocked the voluminous length of the Indian constitution. However, Sri Lanka's constitution drafted barely could stand for 14 years. On the other, the Indian Constitution has shown its resilience standing for 75 years, he added. Earlier, Supreme Court Judge, Justice Padmidighantam Narasimha, Advocate General of Telangana, A Sudarshan Reddy, paid floral tributes to Dr Ambedkar. Judges from the States of Telangana, Andhra Pradesh, and Maharashtra were among those who attended the event. On this occasion, the CJI released a commemorative special cover and postcard and Dr. P. Vidya Sagar Reddy, Chief Postmaster General, Telangana, marking the event's historical significance for public memory.
Time of India
12-07-2025
- Politics
- Time of India
Ambedkar's Constitution is India's lifeline, says Chief Justice of India BR Gavai
Hyderabad: Chief Justice of India BR Gavai on Saturday asserted that the Indian Constitution has stood the test of time ensuring national unity, justice, and resilience through war, peace, and change, while paying a powerful tribute to BR Ambedkar's constitutional legacy. Delivering a lecture at Osmania University on 'The Constitution of India: The Contribution of Babasaheb Dr BR Ambedkar,' CJI Gavai said Ambedkar was often criticised during and after the framing of the Constitution, with detractors calling it either 'too centralised' or 'excessively federal.' But Ambedkar convincingly argued that the Constitution was carefully balanced to protect India's unity while accommodating its diversity, the CJI emphasised. 'Ambedkar told the Constituent Assembly that they were giving the country a Constitution that would keep it united in both war and peace. The past 75 years have proved him right,' he said, referring to India's endurance despite external aggression and internal disturbances. Acknowledging criticism about the Constitution being either too rigid or too liberal, Justice Gavai recalled Ambedkar's measured response: 'We cannot expect the Constitution to remain unchanged forever; we must also leave room for future generations to address evolving societal and economic challenges through suitable amendments.' You Can Also Check: Hyderabad AQI | Weather in Hyderabad | Bank Holidays in Hyderabad | Public Holidays in Hyderabad Highlighting Article 32 of the Constitution, which guarantees the right to constitutional remedies, the CJI quoted by quoting Ambedkar's famous line: 'If there is one article without which the Constitution would be null, it is Article 32.' He called it the Constitution's soul, empowering citizens to directly approach the Supreme Court for protection of their rights. 462 degrees, gold medals given away at convocation A total of 462 degrees (232 in person and 230 in absentia) and diplomas were awarded. Fifty-eight gold medals were awarded on the occasion by CJI Gavai, CM Revanth and other dignitaries. On the federal structure, Justice Gavai explained that, unlike the United States, India adopted a single Constitution for all states to preserve national unity and integrity. He further explained that Ambedkar chose a 'one nation, one Constitution' approach to preserve unity, even in the face of regional divisions and the trauma of Partition. He reminded the audience that Ambedkar himself was elected from a constituency that became part of Bangladesh after Partition—yet his commitment was always to a unified India. The CJI also emphasised the role of the Directive Principles of State Policy, calling them the moral compass of the Constitution. Though not legally enforceable, these principles guide lawmakers to build a just, inclusive society. 'We are not giving a Constitution to help any party gain power, but to build a nation founded on justice for all,' he said. Owing to the limited time available to speak on a subject so close to his heart, Justice Gavai expressed his desire to return to Osmania University after his retirement in Nov to delve into the topic in greater detail. Prior to the CJI's address, Supreme Court judge Justice Pamidighantam Sri Narasimha, an alumnus of OU, acting Chief Justice of Telangana high court Sujoy Paul, advocate general A Sudarshan Reddy, and OU vice-chancellor Prof Mogula Ram Kumar also spoke at the event. The convocation was attended by judges of the Telangana and Andhra Pradesh high courts, retired judges, judicial officers, members of the bar, faculty, and students of the university.
The Hindu
03-07-2025
- Politics
- The Hindu
Socialism, secularism are the spirit of the Constitution
India's Constitution is not merely a legal document. It is the embodiment of the ideals and the aspirations of a nation that was forged in the crucible of an anti-colonial struggle. Among its most fundamental principles are socialism and secularism, values that are not confined to the Preamble alone but which are woven throughout its text, reflected in the Directive Principles of State Policy, in the Fundamental Rights, and in its very structure. Recent calls by the leadership of the Rashtriya Swayamsevak Sangh (RSS) leadership to remove the words socialism and secularism from the Preamble are not just an attack on semantics but is also a direct assault on the foundational vision of the Indian republic itself. The RSS General Secretary made this call recently under the garb of criticising the Emergency, which happened 50 years ago, as the words socialism and secularism were added in the Preamble under the Constitution (42nd Amendment) Act, 1976 during the Emergency. It is a deceitful move by the RSS to invoke the Emergency in order to discredit these principles, especially when it colluded with the Indira Gandhi government during that time for its own survival. To use that event in history to now undermine the Constitution reflects the RSS's hypocrisy and opportunism. Reflected in the Preamble and beyond Socialism, in the Indian Constitution, is a commitment to social and economic justice, the eradication of inequality, and the creation of a welfare state. The Preamble promises 'Justice, social, economic and political' to all citizens, and seeks 'Equality of status and of opportunity'. It underlines the fact that even before the 42nd Amendment, the spirit of socialism was always present in our Constitution. There were significant efforts in the Indian Constitution to increase the freedoms of citizens and to reduce the inequalities prevalent in society. The Fundamental Rights were major steps in that direction. Article 14 guarantees equality before law. Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. Article 16 ensures equality of opportunity in matters of public employment. These rights, read together with the Preamble and Directive Principles, enshrine a vision of a society free from exploitation, where the dignity of every individual is upheld. The Directive Principles of State Policy have the clearest articulation of the socialist vision, in the Indian Constitution. Articles 38 and 39 clearly lay it out, and is further explained in Articles 41, 42 and 43. These provisions are not just aspirational; they have guided landmark legislation and judicial interpretation in India. Secularism in the Indian Constitution is not mere religious neutrality but the positive assurance that the state will treat all religions equally, protect the rights of minorities, and ensure that no citizen suffers discrimination on the basis of faith. The original text of the Preamble, even before the addition of the word secular in 1976, had already promised 'Liberty of thought, expression, belief, faith and worship' and 'Fraternity assuring the dignity of the individual…'. Under Fundamental Rights, Articles 25 to 28 provide the Right to Freedom of Religion and further underscore the secular nature of the Indian Republic. Articles 29 and 30, on Cultural and Educational Rights, too reiterate this. These articles ensure that the state neither identifies with nor privileges any religion, and that every citizen, regardless of faith, enjoys equal rights and protections. Even the Supreme Court of India has repeatedly affirmed that secularism is part of the Constitution's 'basic structure'. The Basic Structure Doctrine was introduced in 1973 in the Supreme Court's landmark judgment in Kesavananda Bharati. It holds that while Parliament can amend the Constitution, it cannot alter its fundamental structure, i.e., the basic structure of the Constitution is inviolable. As mentioned earlier, the 42nd Amendment which introduced the words socialism and secularism in the Preamble of the Constitution was enacted in 1976, three years after this historic verdict. Yet, the additions could be made precisely because they did not violate the basic structure of the Constitution. Inseparable from the Constitution's fabric It is a fallacy to claim that socialism and secularism in the Preamble of the Constitution are mere 'additions' or 'impositions' from the 1970s. The Objective Resolution of the Constituent Assembly, the Constituent Assembly debates themselves and the lived experience of India's glorious anti-colonial freedom struggle all testify that these values were central to the vision of the Republic's founders. The Constitution's commitment to social and economic justice, equality, and fraternity is inherently socialist. Its guarantee of religious liberty, non-discrimination and minority rights is inherently secular. Even if the words socialist and secular (the word secular was there in Article 25(2)(a) even before the 42nd Amendment) were to be removed from the Preamble, the Constitution's core philosophy, structure and provisions would remain unchanged in their essence. Dr. B.R. Ambedkar's final speech to the Constituent Assembly on November 25, 1949, offers profound insights that reinforce the argument that the notion of equality (which forms the foundation of the ideas of socialism and secularism) is embedded in the Constitution's spirit and structure. B.R. Ambedkar's words remain a guiding light against any attempt to dilute these foundational values. The real agenda has been exposed The RSS's demand to remove socialism and secularism from the Preamble of the Constitution is a calculated move to undermine the very foundations of the Indian Republic. It exposes its long-standing agenda to replace the Constitution with a veiled Manusmriti, subvert the secular democratic republic of India, and create a theocratic Hindu Rashtra. The attempt to erase socialism and secularism from the Preamble is an attempt to rewrite history, to delegitimise the legacy of India's anti-colonial freedom struggle, and to pave the way for an oppressive majoritarian state. The Constitution of India is a living document that is designed to secure justice, liberty, equality, and fraternity for all. Socialism and secularism are the pillars on which the edifice of the Indian Republic stands. To attack them is to attack the very soul of India's democracy. All those who cherish the values of the freedom struggle — a struggle that the RSS was not part of — must stand united in defence of the lofty values of the Constitution, and resist any attempt to destroy the idea of India. M.A. Baby is the General Secretary of the Communist Party of India (Marxist)
Time of India
19-06-2025
- Politics
- Time of India
India's Constitution Has Delivered On Socio-Economic Justice In 75 Years, Says CJI Gavai in Italy Address
1 2 3 4 Nagpur: Chief Justice of India (CJI) Bhushan Gavai on Wednesday underscored the Constitution's transformative role in delivering socio-economic justice in India over the past 75 years, stating it continues to serve as a living document that empowers the marginalised and upholds equality. Addressing legal professionals in Italy on the invitation of Chamber of International Lawyers, he delivered a keynote on "Role of the Constitution in Delivering Socio-Economic Justice". The framers of the Constitution were deeply conscious of the imperative of socio-economic justice, Justice Gavai said, noting how the document emerged from the struggle for independence with a vision to correct centuries of entrenched inequality. He emphasised that socio-economic justice was not just aspirational, but was pursued through constitutional mechanisms like the Directive Principles of State Policy, affirmative action, and judicial interpretation of rights. Justice Gavai, who hails from Vidarbha, pointed to the First Constitutional Amendment of 1951 as a foundational moment when Parliament protected land reform laws and enabled reservations for Scheduled Castes and Tribes. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Top Internet Deals for Your Home – 2025 Edition Search7 Learn More Undo "This amendment was a direct legislative response to ensure social justice and equitable distribution of opportunities," he said. The CJI credited Supreme Court for expanding the reach of socio-economic rights through progressive interpretations of Article 21, which guarantees the right to life. "The Constitution has shown that law can be a tool for social change, a force for empowerment, and a protector of the vulnerable," he stated, citing landmark rulings such as Kesavananda Bharati, which enshrined the 'basic structure' doctrine to shield fundamental constitutional values. Reflecting on India's early legislative interventions, he mentioned land and agrarian reform laws and affirmative action policies as tangible expressions of the Constitution's commitment to dismantling caste hierarchies and redistributing opportunity. "For countless landless and marginalised individuals, especially from oppressed castes and communities, these reforms represented the first real opportunity to secure economic independence and dignity," he added. Justice Gavai offered a personal reflection on the Constitution's democratising force, stating, "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 CJI. Coming from a historically marginalised background, I am a product of the very constitutional ideals that sought to dismantle barriers of caste and exclusion. " In the education sector, reservation policies for SCs, STs, and socially and educationally backward classes were highlighted as powerful tools for achieving substantive equality. He said such measures enabled generations from disadvantaged backgrounds to access professional and academic opportunities that were previously out of reach. Concluding his speech, he invoked Martin Luther King Junior, saying the Constitution provided both "the vision and moral guidance" to continue bending the arc of the moral universe toward justice. "It enabled us to create an inclusive democracy where law is not merely a command but a means to achieve dignity, equality, and justice for all," he affirmed. # Key takeaways from CJI Gavai's speech in Italy Indian Constitution is a transformative tool for socio-economic justice Directive Principles and early amendments protected land reforms & reservations Landmark rulings expanded socio-economic rights under Article 21 Land & agrarian reforms dismantled caste hierarchies, enabled economic dignity Affirmative action in education created access for marginalised communities Judiciary & Parliament work in tandem to enforce justice Constitution is a moral and legal force for empowerment Reiterated Constitution's success over 75 years of Indian democracy
