Our Progress In Social & Economic Justice Only Because Of Constitution & Dr.Ambedkar's Vision : Justice BR Gavai

Justice BR Gavai on Saturday credited the Constitution of India and Dr. BR Ambedkar's vision for enabling individuals from humble backgrounds, including himself, to reach significant positions. He also highlighted the proactive role of the Supreme Court in promoting social and economic justice, particularly for women and the members of Scheduled Castes and Scheduled Tribes and Other Backward Classes.

“It is only because of the Indian Constitution and the vision of Dr. Ambedkar that we have progressed towards social and economic justice. Every endeavour by the executive, by the legislature, by the judiciary as the three learned judges in Kesavananda Bharati v. State of Kerala including Justice Mathew has stated that the courts are also a state within the meaning of Article 12 and while discharging their duties, it is their duty also to give effect to the Directive Principles of State Policy”, he said.

Justice Gavai was delivering the SN Bhuyan Centenary lecture on the topic “75 Years of the Constitution of India: Dr. Ambedkar's Vision and Social Justice” in Guwahati to commemorate the birth centenary of late SN Bhuyan, the father of sitting Supreme Court judge Justice Ujjal Bhuyan. He had also served as the Advocate General of Assam.

Justice Gavai highlighted the historical context of women's oppression in India, noting that women were often treated as the lowest strata in society. “As all of us know that In the traditional Indian society, the women were the most downtrodden. They are considered to be More degraded than even the untouchables.”

However, he emphasized that the Supreme Court in the past 75 years has consistently acted to combat discriminatory practices against women. “Supreme Court has not only come down heavily when the discriminatory treatment was meted out to the women, but has also acted in a proactive manner”, he said.

Justice Gavai referenced the landmark case of Nergesh Meerza v. Union of India, where the Supreme Court strongly condemned the discriminatory policies female flight attendants were subjected to compared to their male counterparts. Justice Gavai highlighted the progress women have made since then, mentioning their significant presence in various fields, including the armed forces, where they serve alongside men in challenging conditions.

Moving to the subject of backward classes, Scheduled Castes (SC), and Scheduled Tribes (ST), Justice Gavai highlighted the various measures taken by the executive and the legislature to promote their interests, as mandated by Article 46 of the Constitution. He explained that the First Amendment to the Constitution in 1951 was necessitated by the Supreme Court's judgment in State of Madras v, Champakam Dorairajan. This amendment enabled special provisions for the advancement of socially and economically backward classes.

Justice Gavai 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 expansion of the right to equality, allowing unequal treatment to unequals to promote genuine equality.

“And therefore we find that NM Thomas is a milestone in the Indian jurisprudence insofar as the rights of backward classes, scheduled castes and scheduled tribes are concerned. The same was taken further in the case of Indra Sawhney. Indra Sawhney the 9 judges bench held at the argument that reservations were anti merit was not correct. It came down heavily on the criticism against reservation”, Justice Gavai said.

The Indra Sawhney case further advanced this jurisprudence by rejecting the argument that reservations were anti-merit and emphasizing that reservations were necessary to achieve true equality, he said.

Justice Gavai mentioned the recent judgment delivered by a seven-judge bench, which permitted sub-classification for SCs and STs to ensure that reservation benefits reach the most disadvantaged groups within these communities. He also discussed the application of the creamy layer principle to SCs and STs, as adopted in Indra Sawhney for Other Backward Classes (OBCs). The court 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 praised the judiciary's proactive stance in numerous landmark cases that expanded fundamental rights, such as Maneka Gandhi v. Union of India, which established the right to travel as a fundamental right. He highlighted the Supreme Court's role in recognizing various rights derived from the principles of liberty, equality, and fraternity, including the right to live with dignity, the right to immediate medical aid, and the right to a pollution-free environment.

Justice Gavai also spoke about the Directive Principles of State Policy which aim to guide the State in promoting social and economic welfare. He highlighted Dr. BR Ambedkar's vision, which faced criticism for considering directive principles as merely aspirational. However, Justice Gavai defended their significance, citing Dr. Ambedkar's analogy of a "post-dated cheque" on a future capable state. “It was criticized that the directive principles are nothing else but the post-dated cheque on a bankrupt bank. Dr. Ambedkar said that - I am willing to accept the criticism that it is a post-dated cheque. But I'm not willing to accept the criticism that It is on a bankrupt bank. He stated that 'I'm confident that one day the bank of my country will be so able that the promised post-dated check that we are issuing today will be encashed.'”

He emphasized that Article 38, which mandates the State to strive for social and economic justice, uses the word "strive" to remind the executive and legislature of their ongoing duty to achieve these goals.

Justice Gavai reviewed significant constitutional amendments and Supreme Court judgments that have shaped India's pursuit of social and economic justice. He discussed the First Amendment in 1951, which introduced Article 15(4) enabling special provisions for socially and economically disadvantaged groups, and Article 31A protecting land reform laws from being invalidated due to conflicts with fundamental rights.

He concluded by acknowledging the significant progress made over the past 75 years in achieving social and economic justice. Justice Gavai underscored the importance of continuing to strive for the fulfilment of social and economic justice, as envisioned by Dr. BR Ambedkar and enshrined in the Constitution.

“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.

The video of the event can be watched here :