Former CJI B. R. Gavai said the Constitution demands dismantling structural inequality, not offering formal equality alone. Speaking at NALSAR University of Law in Hyderabad, he stressed substantive equality must shape governance, policy, and development in the Indian framework.
Former Chief Justice of India B.R. Gavai urged a major rethinking of governance approaches so that they confront historical inequities instead of continuing them in new forms.
In his address, delivered in the context of the constitutional connection between development and equality, Justice Gavai asked,
“Can development truly be sustained if it does not include substantive equality? And can the constitutional promise of equality be fulfilled without tackling material and structural disadvantages?”
Justice Gavai was delivering the inaugural Dr. Ambedkar memorial lecture titled “Sustainable development and substantive equality: a Constitutional dialogue”, organised under the Dr. B.R. Ambedkar Chair on Constitutional Law and Social Inclusion at NALSAR University of Law.
Former Chief Justice of India Justice B.R. Gavai said,
“The Constitution does not view equality as only a formal promise; instead, it obliges the State and its institutions to actively confront and dismantle the structural circumstances that continue to sustain inequality”
Drawing on B.R. Ambedkar’s vision, he emphasised that the Constitution treats equality not as a mere formality, but as a transformative responsibility.
He also recalled Ambedkar’s warning about the “life of contradictions,” highlighting that long-standing inequalities continue to erode constitutional commitments even decades after independence.
Pointing to the lived experiences of marginalised communities, Justice Gavai highlighted how structural inequality intensifies the harms caused by environmental and developmental crises. He noted that conditions such as drought, agrarian distress, and extreme climate events do not affect everyone equally; rather, their burdens are disproportionately borne by vulnerable groups and are rooted in social causes, not random or incidental circumstances.
Justice Gavai argued that sustainable development must be grounded in social justice. In his view, development cannot be considered sustainable if it perpetuates inequality; it must actively reduce vulnerability, broaden access, and place those most at risk at the centre of policy. He stressed that this demands moving beyond formally neutral measures toward approaches that recognise unequal starting points.
He further said that universities should reflect constitutional principles by actively promoting equality, improving working conditions, ensuring basic amenities, and cultivating genuinely inclusive environments.
Justice Gavai reiterated that any development model that leaves large sections of society behind cannot be sustainable. He called for a reimagined governance system that corrects historical disadvantage and aligns development with the Constitution’s transformative goals.
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Justice Gavai accepted the position of Chair Professor at NALSAR in December 2025.
He mentioned in his lecture,
“When this offer was extended to me by NALSAR, I accepted it with a simple condition that I would not take any salary. I felt that no monetary consideration can equal the value of being associated, even in a small way, with the legacy of Dr. Ambedkar,”