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“Kesavananda Bharati Is a Milestone in Indian Jurisprudence, Advancing Social & Economic Justice”: Justice BR Gavai

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Supreme Court Justice BR Gavai recently highlighted the Kesavananda Bharati judgment as a landmark decision for social and economic justice during the SN Bhuyan centenary lecture. SN Bhuyan, who once served as Assam’s Advocate General, is the father of current Supreme Court judge Justice Ujjal Bhuya.

New Delhi: Supreme Court Justice BR Gavai recently remarked that the landmark Kesavananda Bharati vs. State of Kerala judgment, which established the Basic Structure doctrine, was pivotal in advancing social and economic justice.

Speaking at the SN Bhuyan centenary lecture in Guwahati, themed ’75 Years Of The Constitution Of India: Dr Ambedkar’s Vision And Social Justice,’ he praised the Supreme Court‘s role in upholding fundamental rights, noting that many such rights have evolved over time.

Justice Gavai stated,

“In my view, Kesavananda Bharati is a milestone in Indian jurisprudence for taking forward social and economic justice.”

He also addressed the challenges faced by women before Independence, highlighting that they were often seen as the most downtrodden, struggling for education and sometimes facing worse conditions than untouchables. He emphasized the strides made by the judiciary, executive, and legislature in ensuring social and economic justice for women.

The lecture honoured the late SN Bhuyan, father of current Supreme Court judge Justice Ujjal Bhuyan, who had served as Assam’s Advocate General.

Justice BR Gavai noted,

“Over the last 75 years, numerous steps have been taken towards social and economic justice. People from SC/ST communities have reached high positions; in Maharashtra, we have a Chief Secretary and DGP who are women. The role of courts has been positive.”

He emphasized the significance of the Indian Constitution and Dr. BR Ambedkar‘s contributions to his personal success, stating,

“It is because of his vision that we have progressed towards social and economic justice. The judiciary, executive, and legislature have made strides to implement the Constitution and its directive principles.”

In his concluding remarks, he urged,

“I encourage all of you to make every effort to advance social and economic justice as envisioned in our Constitution. This will be the best tribute to the Constitution and to SN Bhuyan.”

Justice Bhuyan introduced Justice Gavai to the audience, noting that Justice Gavai’s opinion in the caste sub-categorization case has sparked diverse viewpoints.

He remarked,

“In a good democracy, views and counter-views are always welcome,”

The event also saw the presence of Supreme Court Justices Hrishikesh Roy and N Kotiswar Singh, Gauhati High Court Chief Justice Vijay Bishnoi, Solicitor General Tushar Mehta, Supreme Court Advocates-On-Record Association President Vipin Nair, Assam Advocate General Devajit Saikia, and Gauhati High Court Bar Association President KN Choudhury.




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