Individual Rights Cannot Be Dented By Any Kind Of Majoritarian Social Philosophy : Ex-CJI Dipak Misra

Although in a democracy, the government is elected by the majority, individual rights cannot be dented by any kind of majoritarian social philosophy, said former Chief Justice of India Justice Dipak Misra.

He was delivering a lecture on the theme of 'Actualization of Dr. Ambedkar's Ideas: Inclusiveness, Equality and Affirmative Rights' in the 3rd Dr. BR Ambedkar Memorial Lecture hosted by Hidayatullah National Law University, Raipur.

In his lecture, Justice Misra explained that Ambedkar regarded human rights as highly sacrosanct. These rights of individuals stand strong and unwavering even in democracies run by majoritarian governments. Justice Misra added :

“In a democracy, the government is by the majority. But the individual rights stand absolutely sacrosanct and sanguine and that cannot be dented by any kind of majoritarian social philosophy or social guidance. That is what he(Ambedkar) exactly meant”

Focusing on the significance of Fraternity, Justice Misra opined that being part of our Preamble, the notion of Fraternity was inseparable from social democracy and social justice.

"All of us claim I live in the greatest, largest democracy, fine... but do you respect your fellow countrymen, colleagues and classmates? These are the questions to be put and understood," Justice Misra said.

Referring to Ambedkar's ideas on Fraternity as a sense of common brotherhood to all citizens, Justice Misra explained -

“Look at the emphasis the gentleman has given during his time on social justice and fraternity. Do you think they are irrelevant?.. It is my duty to ingrain in your mind, heart and soul that please realise this philosophy. Inclusiveness and Fraternity, Ambedkar once said is the root of democracy. ...he's speaking in the Indian context, my friends please try to understand that," the former CJI exhorted.

Speaking on the occasion of India's 75th Republic Day, former Chief Justice of India Justice Misra spotlighted the vision of BR Ambedkar in striving for a social justice regime which endeavoured inclusions of all kinds of differences and disadvantages.

“Dr Ambedkar an eminent personality in the history of India believed with the deepest faith and fought for social justice that put human dignity, self-respect and reclamation of human personality on the highest pedestal. A thinker who believed in democratic philosophy that encapsulates the principles of liberty, equality and fraternity. He was very keen for a just society that includes the disadvantaged, marginalised and underprivileged categories of society.”

As a student of Law and History, the former CJI opined that two illustrious and dedicated action-oriented protagonists had the purpose of alleviating the conditions of the suffering class they are- President Abraham Lincoln of the USA and BR Ambedkar the chief architect of our constitution.

He expressed, “I say without any fear or contradiction that Dr Ambedkar shall always remain relevant for any society and can never, I mean never be outdated...time can never erase, can never efface him, time can never destroy his thoughts.”

Pressing upon his indispensable contribution towards shaping the Indian Constitution and the true democratic ideals that it encompasses, Justice Misra opined -

“Dr Ambedkar can never be outdated, he is not a man of history, he is a man of the present, and that's the greatness in him. I am only here to make you aware of the thoughts of Dr Ambedkar from his different kind of social perspective.”

Social Democracy And Its Close Ties To Political Democracy And Economic Equality - Justice Misra Emphasizes

The former Chief Justice stressed how social reformation was seen as a tool by Dr Ambedkar for the actualisation of 'Social Democracy'. Ambedkar's philosophy on social democracy according to Justice Misra has to be understood through the lens of “social, political and economic equality as well as advocacy for affirmative action and the upliftment of oppressed groups”.

For Dr. Ambedkar, the real fulcrum of the progressive democracy was embedded in social equality. Illustrating the same, Justice Misra quoted Ambedkar's speech on 26th January, 1950 -

“ On the 26th day of January 1950 we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality. In politics, we will have the principle of one man one vote one value. In our social and economic life, we shall by reason of our social and economic structure continue to deny the principle of one man one value.”

On State's Role In Advancing Affirmative Action And Economic Equality

Justice Misra highlighted that Ambedkar strongly believed in the pivotal role of the state in eradicating caste discrimination. He recommended that the government should proactively engage in legislative measures and political interventions to eliminate discrimination, ensuring equal opportunities for all citizens. One such advocated measure was affirmative action, aimed at addressing historical injuries and injustices.

“His aim was to promote the development of a more equal and inclusive society by law as well as change of collective mindset. that unless there in transformation in social realities etc, true democracy will remain a mirage...Social inequality corrodes self-respect, inhibits ambition affects the fighting spirit of the social victim”

The former CJI further added that affirmative action was thus manifested in the form of reservations as moulded in Articles 330 and 332 of the Indian Constitution. Lauding his practical yet calm outlook, Justice Misra said, “ He(Ambedkar) faced a lot of opposition but he succeeded because Ambedkar's mind is one of the greatest logical minds in history ...just have the pages of the debates of the constitutional assembly, he doesn't raise his voice, that is calmness is in words, he had a logistic pattern to convince people and he always did.”

In the realm of economic equality and independence, Justice Misra gave the example of how the Indian Shastras mentioned the importance of 'Artha' (economic prowess) in an individual's life in order to grow and be self-reliant.

From the eyes of Dr Ambedkar, the importance of Artha could be seen in his encouragement for cooperative societies which could help the underprivileged overcome their economic sufferings.

Justice Misra explained, “You have to empower the society which is economically suffering, that is why he suggests that there have to be cooperative societies, they can have the option of the prowess of money to invest.... society must shift not completely but to some extent from the agrarian to industrial measure so that they really become economically modern”

Ambedkar Gave India A 'Compassionate Constitution' - Expresses Justice Misra

Underlining the essence of an individual's fundamental rights in a collective society, Justice Misra expressed that the Indian Constitution could rather be considered a 'Compassionate Constitution' encasing Ambedkar's concerns to protect the individual dignity of citizens.

“I call the constitution of India, a compassionate constitution ...my young intellectuals please remember Ambedkar was not only a sensitive person he was also an extremely compassionate personality. That is why you get a compassionate constitution. ....I wouldn't be wrong if I say that Ambedkar believed that I am human, anything that relates to a human concerns me, I care for their rights, dignity etc.”

The lecture can be watched here.