CJI Gavai emphasized that a country cannot genuinely call itself progressive or democratic unless it tackles deep-rooted social inequalities. He highlighted the urgent need to eliminate systemic barriers that continue to marginalize large sections of society.
Chief Justice of India B.R. Gavai has stated that no nation can genuinely claim to be progressive or democratic without addressing the structural inequalities that marginalize significant portions of society.
He emphasized that socio-economic justice is essential for achieving long-term stability, social cohesion, and sustainable development.
Speaking at a function 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 must not be viewed as an abstract ideal; rather, it should be embedded in social structures, the distribution of opportunities, and the living conditions of individuals.
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He said,
“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 pointed out that socio-economic justice is not solely about redistribution or welfare; it involves empowering every individual to live with dignity, realize their full human potential, and participate as equals in the country’s social, economic, and political life.
He noted,
“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,”
CJI Gavai expressed gratitude to the Chamber of International Lawyers for the invitation to speak on this topic, stating that the journey of the Indian Constitution over the past 75 years in delivering socio-economic justice is one of great ambition and significant successes.
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He said,
“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 highlighted that affirmative action policies in education aimed at rectifying historical injustices and ensuring representation for Scheduled Castes, Scheduled Tribes, and socially and educationally backward classes exemplify the Constitution’s commitment to substantive equality and socio-economic justice.
He declared,
“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 marginalized background, I am a product of the very constitutional ideals that sought to democratize opportunity and dismantle the barriers of caste and exclusion,”
Further elaborating, CJI Gavai noted that the Constitution provides people with vision, tools, and moral guidance, demonstrating that law can be a mechanism for social change, a force for empowerment, and a protector of the vulnerable.
He added that the Indian Constitution, adopted on January 26, 1950, is not merely a political document for governance but represents a promise to society, a revolutionary statement, and a beacon of hope for a nation emerging from years of colonial rule and grappling with poverty, inequality, and social divisions.
He said,
“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,”
Over the last 75 years, CJI Gavai asserted, India’s Constitution has significantly advanced socio-economic justice for its citizens, with many initial and crucial steps toward this goal initiated by the Indian Parliament.
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He noted that the tension between Parliament and the judiciary, particularly regarding the extent of Parliament’s power to amend the Constitution, revolved around a fundamental question: how far could constitutional amendments extend? While this period is often seen as an institutional rivalry, it unfolded against the backdrop of efforts to realize socio-economic rights, as highlighted by the 1973 landmark verdict in the Kesavananda Bharati case.
He also pointed out that initiatives aimed at reducing poverty, enhancing job creation, and providing essential services like food, housing, and healthcare have been vital to India’s social policy landscape in recent years.
He emphasized,
“I can say that both Parliament and the judiciary have expanded the scope of socio-economic rights in the 21st century,”
CJI Gavai referenced a recent verdict concerning the demolition of structures, where the court examined state authorities’ decisions to demolish homes and properties of accused individuals prior to their conviction.
He sated,
“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,”
Adding that this decision reaffirmed that constitutional guarantees must protect not only civil liberties but also uphold the dignity, security, and material well-being of every individual, particularly the vulnerable.