Constitution Not Just A Governance Document, A Revolutionary Statement; Tool For Social Change: CJI BR Gavai

Chief Justice of India BR Gavai said that the Constitution is not just a political document for governance, but was a "revolutionary statement", giving a ray of hope to a country coming out of long years of colonial rule, suffering from poverty, inequality, and social divisions.

Speaking at the Milan Court of Appeal, Italy, on the topic "Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian Constitution," CJI Gavai said that he took pride in stating that the framers of the Indian Constitution were deeply conscious of the imperative of socio-economic justice while drafting its provisions.

The Directive Principles of the Indian Constitution reflect the commitment of the Constitution to socio-economic justice.

"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.

CJI said that in the early years of its adoption, several constitutional experts expressed scepticism about the credibility and long-term viability of the Indian Constitution. For example, Sir Ivor Jennings described the Indian Constitution as “too long, too rigid, too prolix.”

However, CJI said that the experience of the last 75 years proved Sir Ivor Jennings wrong. "India's Constitution has played a major role in advancing socio-economic justice for its citizens," he said.

In his lecture, the CJI, after elaborating on various laws passed by the Parliament to give effect to the Directive Principles of State Policy as well as various judgments which gave expansive interpretation to fundamental rights, said that the Indian Constitution has strived for the change in the life of the common people.

"In other words, the journey of the Indian Constitution over the past seventy-five years in delivering socio-economic justice is a story of great ambition and important successes," he said.

He gave the example of the agrarian reform laws and affirmative action policies for backward classes, the impact which is clearly visible today. While land and agrarian reforms played a critical role in dismantling feudal structures, breaking the stranglehold of entrenched hierarchies, and redistributing access to land and livelihood, affirmative action policies sought to correct historical injustices and ensure representation of Scheduled Castes, Scheduled Tribes, and socially and educationally backward classes.

"The Constitution has given us the vision, the tools, and the moral guidance. It has shown us that law can indeed be a tool for social change, a force for empowerment, and a protector of the vulnerable," CJI said.

CJI concluded his address by recalling the words of civil rights leader Dr. Martin Luther King Jr., who said, “The arc of the moral universe is long, but it bends toward justice.” "To this, I would add: it bends that way only when we actively work to bend it ourselves," he said.

The full text of the lecture can be read here.