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NDTV
3 hours ago
- Politics
- NDTV
Supreme Court's Emergency-Era Verdict "Darkest" In Judicial History: Vice President
New Delhi: Vice President Jagdeep Dhankhar on Friday slammed the Supreme Court for its verdict delivered during the Emergency, dubbing it the "darkest" in the judicial history of the world. According to an official statement, he said the judgment of the Supreme Court overruling that of nine high courts legitimised dictatorship and authoritarianism. Mr Dhankhar also questioned the then president Fakhruddin Ali Ahmed for signing the proclamation of Emergency on the "instance" of then prime minister Indira Gandhi and not the entire council of ministers. Addressing a group of Rajya Sabha interns here, the vice president said, "A president cannot act on the advice of an individual, the prime minister. The Constitution is very categorical. "There is a council of ministers headed by the PM to aid and advise the president. This was one violation, but what was the result? More than 1,00,000 citizens of this country were put behind bars in hours," he said. Referring to the role of the judiciary during the Emergency, Mr Dhankhar said, "That was a time when the fundamental essence of democracy capsized in times of distress. People look up to the judiciary. "Nine high courts in the country have gloriously defined that emergency or no emergency, people have fundamental rights and there is access to the justice system. Unfortunately, the Supreme Court overturned all nine high courts and gave a judgment which will be the darkest in the history of any judicial institution in the world that believes in the rule of law," he further said. Mr Dhankhar pointed out that the decision was that "it is the will of the executive to have Emergency for as much time as it thinks fit". In the 1976 ADM Jabalpur case, a five-judge Constitution bench, by a majority of 4-1, upheld the suspension of fundamental rights during the national emergency. The majority verdict of the then Chief Justice of India A N Ray and Justices M H Beg, Y V Chandrachud and P N Bhagwati held that the right to seek legal remedy for violations of Article 21 was suspended during the Emergency. Justice H R Khanna dissented and held that the right to life and liberty is inherent and not merely a gift from the Constitution. The top court also ruled that during an Emergency, there are no fundamental rights. "So the judgment of the Supreme Court legitimised dictatorship, authoritarianism and despotism in this land," Mr Dhankhar said. The vice president said the present government has "wisely" decided to observe June 25 every year as 'Samvidhan Hatya Diwas'. Emergency remained in force between June 25, 1975 and March 21, 1977.
Indian Express
9 hours ago
- Politics
- Indian Express
Supreme Court judgement against ‘bulldozer justice' upheld socio-economic rights: CJI B R Gavai
Chief Justice of India B R Gavai said Wednesday the executive can't become 'the judge, jury, and executioner' as he referred to the Supreme Court's 2024 judgement against alleged bulldozer justice which held that 'arbitrary demolitions, which bypass legal processes, violate the rule of law and the fundamental right to shelter under Article 21.' Chief Justice Gavai was speaking in Italy on the topic 'Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian'. 'The Court examined the decisions of the state authorities to demolish homes and properties of an accused, as a punishment even before they were convicted by a court of law. 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,' said CJI Gavai. Quoting the top court's judgment, CJI Gavai said, 'In doing so, it was noted with empathy, and I quote, 'that the construction of a house has an aspect of socio-economic rights. For an average citizen, the construction of a house is often the culmination of years of hard work, dreams, and aspirations''. CJI Gavai said that socio-economic justice 'is not merely a matter of redistribution or welfare'. 'It is about enabling every individual to live with dignity, to realise their full human potential, and to participate as equals in the social, economic, and political life of the country. 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.' '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, is a practical necessity for achieving long-term stability, social cohesion, and sustainable development.' CJI Gavai recalled that the tensions that arose in the early years between the judiciary and Parliament unfolded against the backdrop of efforts to realise socio-economic rights and led to the landmark judgement in the Kesavananda Bharati vs State of Kerala case, wherein it was held that the basic structure of the Constitution cannot be altered. In subsequent years, he pointed out, the Supreme Court in its judgements 'acknowledged that formal equality alone is insufficient, and that substantive measures are necessary to realise the Constitution's promise of justice and dignity for all'. He said the nuanced approach to achieving socio-economic justice 'was …strengthened both by Parliament through its legislative powers and by the Supreme Court through its constitutional interpretation.' 'Both Parliament and the judiciary have expanded the scope of socio-economic rights in the 21st century.' The Chief Justice said Parliament enacted a wide range of legislation aimed at advancing socio-economic justice. 'These include laws prohibiting socially oppressive and discriminatory practices, such as the Bonded Labour System (Abolition) Act, the Child Labour (Prohibition and Regulation) Act, the Dowry Prohibition Act, and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. Each of these statutes represents a conscious effort to address historical injustices and structural inequalities, and to build a legal framework that upholds the dignity and rights of all citizens.'
Scroll.in
10 hours ago
- Politics
- Scroll.in
Supreme Court stopped ‘bulldozer justice', executive cannot be judge and jury: CJI Gavai
Highlighting that the Supreme Court had held so-called bulldozer justice to be illegal, Chief Justice BR Gavai on Wednesday said that the 'executive cannot become judge, jury and executioner all at once', The Times of India reported. The chief justice said that the right to shelter was a fundamental right, PTI reported. There are no provisions in Indian law that allow for the demolition of property as a punitive measure. However, the practice has become commonplace in Bharatiya Janata Party-ruled states. In November, the Supreme Court held as illegal the practice of demolishing properties of persons accused of crimes as a punitive measure. It said that processes must be followed before removing allegedly illegal encroachments. On Wednesday, referring to the judgement, Gavai said: '…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'. Gavai also said that for common citizens, building a house was 'often the culmination of years of hard work, dreams and aspirations', The Times of India reported. 'A house is not just a property but embodies the collective hopes of a family or individuals for stability, security and a future,' the chief justice added. The chief justice made the comments at a gathering of judges in Italy where he spoke about the role of the Constitution in delivering socio-economic justice.
Time of India
19 hours ago
- Politics
- Time of India
SC put stop to 'bulldozer justice': Executive can't be judge, jury, says CJI
CJI BR Gavi NEW DELHI: Highlighting Supreme Court's contribution in the last 75 years to accelerate political, economic and social justice to the poor and marginalised, CJI B R Gavai on Thursday told an assembly of top judges of Italy how the top court recently banned "bulldozer justice" and prevented the executive from becoming the judge, jury and executioner. Gavai was referring to SC's judgment last year barring the executive from arbitrary demolition of houses of those accused of crime, bypassing the legal process, which violated citizens' fundamental right to shelter under Article 21. CJI B R Gavai was speaking at the Milan Court of Appeal on 'Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian Constitution". "The executive cannot become judge, jury and executioner all at once," the CJI said and quoted the judgment, which stated, "Construction of a house has an aspect of socio-economic rights." "For an average citizen, construction of a house is often the culmination of years of hard work, dreams and aspirations. A house is not just a property but embodies the collective hopes of a family or individuals for stability, security and a future," the CJI further added. "As we look back on these 75 years, there is no doubt that the Indian Constitution has strived for change in the life of the common people. To summarise, several aspects of Directive Principles were made enforceable by reading or legislating them as a facet of fundamental rights," CJI Gavai said. "While Parliament took the lead by way of legislation and constitutional amendments, Supreme Court has consistently worked to transform socio-economic rights, ranging from education to livelihood, into enforceable fundamental rights, which were then given effect by Parliament," he added. The CJI added that the Constitution's journey in the past 75 years in delivering socio-economic justice "is a story of great ambition and important successes... the earliest initiatives undertaken by the Indian Parliament immediately after the adoption of the Constitution included land and agrarian reform laws and affirmative action policies for backward classes. The impact of these initiatives is clearly visible today". CJI Gavai, the second Dalit to become the head of India's judiciary, said, "Affirmative action policies in education, which sought to correct historical injustices and ensure representation of Scheduled Castes, Scheduled Tribes and socially and educationally backward classes, have been a concrete expression of the Constitution's commitment to substantive equality and socio-economic justice." Because of these measures, he could become CJI, Gavai said, adding that he was a product of the very constitutional ideals that sought to democratise opportunity and dismantle the barriers of caste and exclusion.
Time of India
19 hours ago
- Politics
- Time of India
India's Constitution Has Delivered On Socio-Economic Justice In 75 Years, Says CJI Gavai in Italy Address
1 2 3 4 Nagpur: Chief Justice of India (CJI) Bhushan Gavai on Wednesday underscored the Constitution's transformative role in delivering socio-economic justice in India over the past 75 years, stating it continues to serve as a living document that empowers the marginalised and upholds equality. Addressing legal professionals in Italy on the invitation of Chamber of International Lawyers, he delivered a keynote on "Role of the Constitution in Delivering Socio-Economic Justice". The framers of the Constitution were deeply conscious of the imperative of socio-economic justice, Justice Gavai said, noting how the document emerged from the struggle for independence with a vision to correct centuries of entrenched inequality. He emphasised that socio-economic justice was not just aspirational, but was pursued through constitutional mechanisms like the Directive Principles of State Policy, affirmative action, and judicial interpretation of rights. Justice Gavai, who hails from Vidarbha, pointed to the First Constitutional Amendment of 1951 as a foundational moment when Parliament protected land reform laws and enabled reservations for Scheduled Castes and Tribes. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Top Internet Deals for Your Home – 2025 Edition Search7 Learn More Undo "This amendment was a direct legislative response to ensure social justice and equitable distribution of opportunities," he said. The CJI credited Supreme Court for expanding the reach of socio-economic rights through progressive interpretations of Article 21, which guarantees the right to life. "The Constitution has shown that law can be a tool for social change, a force for empowerment, and a protector of the vulnerable," he stated, citing landmark rulings such as Kesavananda Bharati, which enshrined the 'basic structure' doctrine to shield fundamental constitutional values. Reflecting on India's early legislative interventions, he mentioned land and agrarian reform laws and affirmative action policies as tangible expressions of the Constitution's commitment to dismantling caste hierarchies and redistributing opportunity. "For countless landless and marginalised individuals, especially from oppressed castes and communities, these reforms represented the first real opportunity to secure economic independence and dignity," he added. Justice Gavai offered a personal reflection on the Constitution's democratising force, stating, "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 CJI. Coming from a historically marginalised background, I am a product of the very constitutional ideals that sought to dismantle barriers of caste and exclusion. " In the education sector, reservation policies for SCs, STs, and socially and educationally backward classes were highlighted as powerful tools for achieving substantive equality. He said such measures enabled generations from disadvantaged backgrounds to access professional and academic opportunities that were previously out of reach. Concluding his speech, he invoked Martin Luther King Junior, saying the Constitution provided both "the vision and moral guidance" to continue bending the arc of the moral universe toward justice. "It enabled us to create an inclusive democracy where law is not merely a command but a means to achieve dignity, equality, and justice for all," he affirmed. # Key takeaways from CJI Gavai's speech in Italy Indian Constitution is a transformative tool for socio-economic justice Directive Principles and early amendments protected land reforms & reservations Landmark rulings expanded socio-economic rights under Article 21 Land & agrarian reforms dismantled caste hierarchies, enabled economic dignity Affirmative action in education created access for marginalised communities Judiciary & Parliament work in tandem to enforce justice Constitution is a moral and legal force for empowerment Reiterated Constitution's success over 75 years of Indian democracy
