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.Thanking the Chamber of International Lawyers for inviting him to deliver a speech on the topic, 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 in-justices 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.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.“I can say that both Parliament and the judiciary have expanded the scope of socio-economic rights in the 21st century,” he underscored.
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