CJI BR Gavai said Dr. B.R. Ambedkar never considered the Constitution a permanent document and believed it should evolve with time. He emphasised that citizens can always approach courts when their fundamental rights are violated.
Chief Justice of India (CJI) BR Gavai recently said that the Constitution of India gives every citizen the right to approach the courts whenever their fundamental rights are violated. He made these remarks at a special programme organised by the Andhra Pradesh High Court lawyers in Mangalagiri to mark the 75th anniversary of the enactment of the Indian Constitution.
Addressing the gathering, CJI Gavai explained how the Constitution carefully balances rights and responsibilities.
He said that
“Directive Principles have been enshrined in the Constitution to achieve social and economic justice.”
He also referred to the historic speech of Dr. B.R. Ambedkar delivered while handing over the Constitution to the Constituent Assembly, adding that Ambedkar always believed that every lawyer must receive proper education.
According to CJI Gavai, Ambedkar never viewed the Constitution as a rigid or unchangeable document and felt that amendments were necessary depending on changing needs and priorities.
CJI Gavai highlighted that some parts of the Constitution are easier to amend, while others are extremely difficult. He noted that the very first amendment related to reservation was passed the year after the Constitution came into effect.
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However, this also led to early friction between the Central Government and the Supreme Court on constitutional amendments. Speaking about the historic Kesavananda Bharati case, he pointed out that the Supreme Court clearly held that the basic structure of the Constitution cannot be changed.
He further said that until 1975, Fundamental Rights were treated as more important than Directive Principles.
But after the Kesavananda Bharati judgment, Directive Principles were given equal weightage along with Fundamental Rights, marking a major shift in constitutional interpretation.
CJI Gavai also discussed recent developments. He mentioned that last year, a seven-judge bench of the Supreme Court gave an important ruling supporting the classification within Scheduled Castes.
Sharing his personal view, he stated,
“I am of the opinion that there should be a creamy layer system in SC and ST reservation as well.”
He also referred to the Supreme Court’s Visakhapatnam judgment, saying that the court had clearly held
“that there should be no discrimination against women at the workplace.”
The Chief Justice appreciated the growing participation and performance of women in legal education, saying that women have been excelling in the field over the years.
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He emphasised that citizens must be fully aware of the rights guaranteed to them under the Constitution. According to him, understanding one’s rights is essential for a strong and just democracy.
CJI Gavai concluded by reminding everyone of the need to respect and protect the Constitution, which continues to evolve with time while keeping the values of justice, equality, and liberty at its core.
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