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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.'
Hans India
11 hours ago
- Politics
- Hans India
CJI: Without addressing inequalities, no nation can claim to be truly democratic
New Delhi: Without addressing the structural inequalities that marginalise large sections of society, no nation can claim to be truly progressive or democratic, Chief Justice of India B R Gavai has said. He also emphasised that socio-economic justice is a practical necessity for achieving long-term stability, social cohesion, and sustainable development. Speaking at a function in Milan on the topic of 'Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian Constitution' , the CJI said justice is not an abstract ideal and it must take root in social structures, in the distribution of opportunity, and in the conditions under which people live. 'Socio-economic justice, in other words, a practical necessity for achieving long-term stability, social cohesion, and sustainable development,' he said. The CJI said it is not merely a matter of redistribution or welfare, but it is also about enabling every person 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. '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,' he said. CJI Gavai said the journey of the Indian Constitution over the last 75 years in delivering socio-economic justice is a story of great ambition and important successes. '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. It's drafting took place in the aftermath of a long and hard-fought struggle for independence from colonial rule,' he said. He 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. '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 marginalised background, I am a product of the very constitutional ideals that sought to democratise opportunity and dismantle the barriers of caste and exclusion,' he said. Elaborating further, the CJI said the Constitution has given people the vision, the tools, and the moral guidance, and it has shown that law can indeed be a tool for social change, a force for empowerment, and a protector of the vulnerable. CJI Gavai added that the Indian Constitution, which was adopted on January 26, 1950, is not just a political document for governance, but is a promise to society, a revolutionary statement, and a ray of hope for a country coming out of long years of colonial rule, suffering from poverty, inequality, and social divisions. '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,' he said. He said over the last 75 years, India's Constitution has played a major role in advancing socio-economic justice for its citizens, and in fact, the earliest and most significant steps toward this goal were initiated by the Indian Parliament. He added that efforts to reduce poverty, enhance job creation and provide basic services like food, housing, and healthcare have also been critical to India's social policy landscape in recent decades.
New Indian Express
16 hours ago
- Politics
- New Indian Express
No nation can be truly democratic without addressing inequalities: CJI
NEW DELHI: Without addressing the structural inequalities that marginalise large sections of society, no nation can claim to be truly progressive or democratic, Chief Justice of India B R Gavai has said. He also emphasised that socio-economic justice is a practical necessity for achieving long-term stability, social cohesion, and sustainable development. Speaking at a function in Milan on the topic of 'Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian Constitution' on Wednesday, the CJI said justice is not an abstract ideal and it must take root in social structures, in the distribution of opportunity, and in the conditions under which people live. 'The tension between Parliament and the judiciary, particularly concerning the scope of Parliament's power to amend the Constitution, revolved around a fundamental question: how far could constitutional amendments go? While this episode is often remembered as an institutional rivalry between the judiciary and Parliament, it is important to recognise that it unfolded against the backdrop of efforts to realise socio-economic rights, he said, while recalling the backdrop of the 1973 land-mark verdict in the Kesavananda Bharati case.
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
CJI to inaugurate Preamble Park, perform ground breaking for new NU School of Law on June 28
1 2 Nagpur: Chief Justice of India Bhushan Gavai will inaugurate the historic world-class multi-crore Preamble Park at Nagpur University's Dr Babasaheb Ambedkar School of Law on Amravati Road on June 28. The CJI will also perform the ground-breaking ceremony of a new iconic multi-storeyed building for the School of Law. The CJI will arrive for his three-day visit to Nagpur on June 27. This is his first visit after taking oath of the highest judicial office. On the first day of his tour, the District Bar Association (DBA) will felicitate the CJI, and on June 28, the High Court Bar Association (HCBA) will honour him. CJI Gavai will formally inaugurate the administrative building of MNLU at Waranga at 10.30am on June 29. The Rs10-crore first-of-its-kind Preamble Park consists of replicas of the Supreme Court and Parliament, along with a 7.5 ft statue of Babasaheb Ambedkar, an amphitheatre, murals, and an aesthetic gate, which took several years to complete. The country's first Samvidhan Park or Constitution Preamble Park was planned on the 125th birth anniversary of Babasaheb Ambedkar in 2016, and bhoomipuja was performed by then guardian minister Chandrashekhar Bawankule on the occasion of Constitution Day in 2019. Lack of funds, permissions, and coordination between multiple govt agencies and NU officials delayed the project over the years. The social welfare department funded around Rs2 crore, while social worker Girish Gandhi, former mayor Anil Sole, and former MP Ajay Sancheti, Prakash Gajibhiye contributed Rs5 lakh each for the project. NU also paid Rs2 crore. School of Law director Ravishankar Mor told TOI that the CJI would be inaugurating the Preamble Park as well as laying the foundation of a new iconic building at 11am on June 28. The transformation of the historic college, earlier known as Dr Babasaheb Ambedkar Law College, is part of its centenary year celebration. The college has a legacy of stalwarts including former CJI Sharad Bobde, PV Narsimha Rao, CM Devendra Fadnavis and several judges and politicians passing out from here. The NU merged its postgraduate law department with the college to disseminate UG to PhD education under one roof, aligning with NEP 2020. Mor said the new building would be unique among all the Schools of Law in the country. The project is estimated to cost Rs200 crore, with a five-storey academic block to come up on the open land behind the existing college building. Special focus has been given to aesthetics, as the new building will be modelled on structures like the RBI, high court, and GPO. It will have two large auditoriums, besides modern curved classrooms equipped with the latest technology. Three-floor basement parking will accommodate 5,000 cars, while the academic block will have five floors. "A litigation complex will be attached to the School of Law on the lines of a medical college with a hospital. Courts and tribunals like grievance cells and consumer forums will run from this complex. Students will get first-hand experience of court functioning and will be trained for litigating as well as the corporate world," said Mor.
