Today, 15th April, Justice BR Gavai attributed his Supreme Court appointment to Dr. BR Ambedkar’s legacy. He poised to become the 52nd Chief Justice of India, carrying forward a family tradition as his father held roles as a former Member of Parliament and Governor.
On Monday, Supreme Court Justice BR Gavai praised Dr. BR Ambedkar, the architect of India’s Constitution, for empowering marginalized communities to assert themselves and succeed in society. Justice Gavai highlighted that thanks to Dr. Ambedkar’s contributions, individuals from slum schools, like himself, have the opportunity to ascend to the position of a Supreme Court judge.
Justice BR Gavai emphasized,
“The inception of the Indian Constitution is owed to Dr. BR Ambedkar. It is solely due to Dr. BR Ambedkar’s efforts that someone like me, who received education in a semi-slum area at a municipal school, could attain this position.”
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Speaking at the Ambedkar Memorial Lecture on the theme ‘Article 32: History and the Future’, Justice Gavai, along with Justice AS Oka, discussed the transformative role of Article 32.
Justice Gavai, poised to become the 52nd Chief Justice of India and the second person from the Dalit community in this role, emphasized that Article 32 utilized as a tool for transformative justice.
He stressed that,
“Dr. Ambedkar said the Constitution is not a book for lawyers but a way of life.”
In his speech, Justice Oka addressed for discussions on constitutional topics and constructive critique of the judiciary. He noted that due to the increasing backlog of cases, the Supreme Court tends to dissuade petitions under Article 32 (pertaining to the enforcement of fundamental rights).
Justice Oka said,
“Some might contend that the Supreme Court ought to directly handle all Article 32 petitions instead of referring them to the High Courts. However, we do not exist in an ideal scenario, and if the case backlog did not exist, the situation would be different, With 80,000 cases pending in the Supreme Court, we not only serve as a constitutional court but also as an appellate court .When faced with increasing arrears, we must set our priorities straight.”
Regarding the establishment of a dedicated bench to hear such cases, Justice Oka remarked,
“I had just one response: This query must be brought before the master of the roster and no one else.”
Justice Oka highlighted the practice of businessmen employing numerous lawyers for their Article 32 cases, leading to a strain on judicial time. Consequently, he suggested initiating a discussion on establishing criteria for invoking Article 32.
Justice Oka asked ,
“There are prisoners denied permanent remission, and appeals from long-incarcerated accused. Yet, there are businessmen with large legal teams consuming court time, arguing violation of Article 19(1)(g). How do we ensure equality between the common convict and the businessman? Should there be criteria stating that only after meeting these conditions can Article 32 be invoked? This raises debate on restricting the Supreme Court’s own power.”
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He emphasized,
“We need to initiate a discussion on how effectively our court enforces fundamental rights,”
Senior Advocate Indira Jaising, who also participated in the event, expressed that her allegiance lies with the Indian Constitution.
Senior Advocate Indira Jaising stated,
“When people inquire about my origins, I find myself perplexed! I hail from Sindh, yet it lacks statehood in India. So, when I ponder my roots, the answer lies in the embrace of the Indian Constitution. My residence is safeguarded under the shield of the Indian Constitution. However, Article 15 requires a clear interpretation from the Supreme Court,”
Justices BR Gavai and Abhay S Oka will soon present the Ambedkar Memorial Lecture, focusing on the theme “Article 32: Past and Future Perspectives”