Chief Justice of India, Justice B.R. Gavai, addressed a distinguished gathering of judges, legal experts, and international lawyers at the Milan Courts on the topic, “Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian Constitution.” This historic address marked his first visit to Milan and was hosted by the Chamber of International Lawyers.
Justice as a Foundation for Development
Quoting political philosopher John Rawls, CJI Gavai emphasised that justice requires the fair distribution of social and economic advantages, especially for the least advantaged. Citing Amartya Sen and Martha Nussbaum, he explained that true development lies in expanding human capabilities—such as health, education, and participation—not just economic output.
“Justice must take root in social structures and opportunity distribution. It is not abstract—it is a lived reality,” he stated.
Indian Constitution: A Revolutionary Document
The Chief Justice praised the Indian Constitution for its visionary approach following colonial rule. He highlighted the Directive Principles of State Policy (Part IV) as a critical feature that articulated the dream of an equal and just society, even though they are not directly enforceable in court.
Quoting Dr. B.R. Ambedkar, he underlined the indivisibility of civil liberties and socio-economic entitlements, noting how fear and poverty often compel people to forgo their fundamental rights just to survive.
Judicial Journey Towards Socio-Economic Justice
CJI Gavai outlined how Indian courts progressively interpreted fundamental rights to include socio-economic aspects:
- Kesavananda Bharati (1973): Parliament cannot alter the Constitution’s basic structure. Fundamental Rights and Directive Principles are complementary.
- State of Kerala v. N.M. Thomas (1976): Reservations for backward classes are not exceptions but part of the right to equality.
- Minerva Mills (1980): Reiterated the balance between Part III and Part IV of the Constitution.
He described how Article 21 (Right to Life) evolved into a source of substantive rights:
- M.H. Hoskot (1979): Free legal aid is a fundamental right.
- Olga Tellis (1985): Right to livelihood is part of the right to life.
- Bandhua Mukti Morcha (1984): Enforced constitutional protection against bonded labour.
- Right to Education (via 86th Amendment): Elevated as a fundamental right (Article 21A).
Parliamentary Action: Legislation for Justice
CJI Gavai emphasised that Parliament played a central role in pushing socio-economic reforms:
- Land reforms and reservations followed constitutional amendments such as the First Amendment (1951) and the addition of Article 15(4).
Key welfare legislations included:
- Minimum Wages Act (1948)
- Factories Act (1948)
- Maternity Benefit Act (1961)
- MGNREGA (2005) – right to work
- Right to Information Act (2005)
- Forest Rights Act (2006)
- National Food Security Act (2013)
Recent Constitutional Jurisprudence
CJI Gavai referred to recent judicial developments that reaffirmed the spirit of socio-economic justice:
- Justice K.S. Puttaswamy v. Union of India (2017): Right to privacy as a universal right across economic classes.
- Gujarat Mazdoor Sabha v. State of Gujarat (2020): Struck down dilution of labour rights during the pandemic.
- In Re: Demolition of Structures (2024): Unauthorised demolitions violate the right to shelter under Article 21. A house represents not just property, but the dignity and security of citizens.
A Personal Note: CJI Gavai’s Journey
In a powerful moment, CJI Gavai reflected on his own life:
“Coming from a historically marginalised background, I am a product of the constitutional ideals that sought to democratize opportunity and dismantle the barriers of caste and exclusion.”
He emphasised that the Constitution is a living document—a promise of equality, dignity, and justice that continues to inspire hope and transformation.
Conclusion: A Call to Action
CJI Gavai ended with a quote from Dr. Martin Luther King Jr.:
“The arc of the moral universe is long, but it bends toward justice”
It bends that way only when we actively work to bend it ourselve CJI added.
He urged global jurists to see law not merely as a regulatory mechanism but as a force of transformation and inclusion.
Key Takeaways:
- Indian Constitution viewed as a vehicle for socio-economic transformation.
- Directive Principles have influenced enforceable rights via legislative and judicial action.
- Indian judiciary has progressively expanded civil liberties to cover socio-economic entitlements.
- Justice Gavai’s personal story stands as a testament to the Constitution’s power to uplift.