“It Is Only Because Of The Indian Constitution And Vision Of Dr. Ambedkar, We Have Progressed Towards Social And Economic Justice” – Justice Gavai At SN Bhuyan Centenary Lecture

Justice Gavai recalled Dr. Ambedkar's speech on the final draft of the Constitution on November 25, 1949. Dr. Ambedkar had stated that while political democracy could be achieved through the Constitution, it would be meaningless without social democracy. He described social democracy as a system where liberty, equality, and fraternity are naturally integrated..

He then pointed out the current condition of the Indian society being stating that “On political plane, we would have achieved equality by the principle of one man, one vote, and one value, but as far as the social and economic planes are concerned, we have a country wherein, on the social plane, people have been divided into graded compartments. On the economic plane, the wealth of the country is concentrated in a few hands, whereas the vast majority of citizens find it difficult even to make ends meet. It was said that unless and until we demolish these inequalities and make an attempt to bring about social and economic justice, the edifice of democracy that we have so laboriously built would collapse. In order to achieve social and economic justice along with political justice, our Constitution provides Directive Principles of State Policy.”

He then emphasized the role of social reformers like Jyotiba Phule and Dr. B.R. Ambedkar in shaping the Indian Constitution, highlighting Ambedkar's vision of social democracy where liberty, equality, and fraternity are naturally integrated. He also stressed the importance of achieving social and economic justice alongside political justice, referencing the Directive Principles of State Policy as essential tools in this endeavour.

Citing historical legal battles and landmark cases, Justice Gavai discussed the evolution of judicial interpretations regarding reservations and equality. He highlighted the significance of the Kesavananda Bharati case, which underscored the equal importance of Directive Principles and Fundamental Rights. He also noted recent judgments that ensure reservation benefits reach the most disadvantaged groups within SCs and STs, and the proactive role of the judiciary in recognizing rights derived from Articles 14, 19, and 21 of the Constitution.

Justice Gavai defended the Directive Principles as a "post-dated cheque" on a future capable state, as envisioned by Dr. Ambedkar. He lauded the significant progress made in achieving social and economic justice over the past 75 years, pointing to the advancements of marginalized communities in various fields, including the judiciary, executive, and legislature.

He recounted the evolution of judicial interpretations regarding reservations and equality. He mentioned that earlier views considered Article 16(4) as an exception to the right to equality. However, Justice K. Subbarao, in a minority view, argued that Article 16(4) should not be seen as an exception. This perspective was later upheld by a seven-judge bench in the NM Thomas v. Union of India case, which recognized Article 16(4) as an extension of the right to equality, permitting unequal treatment of unequals to promote genuine equality.

He further mentioned the recent judgment by a seven-judge bench that permitted sub-classification within SCs and STs to ensure that reservation benefits reach the most disadvantaged groups within these communities. Additionally, he discussed applying the creamy layer principle to SCs and STs, as was adopted for Other Backward Classes (OBCs) in Indra Sawhney. The court has held that the benefits of reservation should not continue indefinitely for those who have already advanced to a level where they can compete with the mainstream.

Justice Gavai also pointed out the various inroads have been made in the fight for social and economic justice. He remarked:

“We find that in last 75 years, a lot has been done in order to achieve social and economic justice. Millions of landless laborers have been allotted lands from the land available under the agriculture land selling act. Millions of tenants who were the tenants of the agricultural land have become owners. We find that from Scheduled Castes, Scheduled Tribes, and Other Backward Classes the people have reached to high positions. They have reached to the position of Chief Secretaries, have reached the position of Director General of Police. In Maharashtra, we have a Scheduled Caste Chief Secretary who also happens to be a woman. India had a woman as the Prime Minister of India. We had the first lady President, incidentally, from my own hometown. And we now have the lady President, who also is the first tribal President. We have had the Speaker of Lok Sabha who belonged to Scheduled Caste, we had the Speaker of Lok Sabha who was a woman. We had a Speaker who belonged to Scheduled Tribe community”, he highlighted.Justice Gavai pointed out the various inroads that have been made in the fight for social and economic justice.

Concluding his speech, Justice Gavai underscored the continuing importance of striving for social and economic justice, as enshrined in the Constitution and championed by Dr. Ambedkar. He attributed his own achievements to the opportunities provided by the Indian Constitution and Dr. Ambedkar's vision.