Constitution’s success has proven its critics wrong: CJI BR Gavai

The socio-economic justice achieved by the nation in the last 75 years has proven critics of the Indian Constitution wrong, Chief Justice of India BR Gavai said on Wednesday..He rebuffed skepticism expressed by early Western scholars about the Constitution and India's success as a democracy.Speaking at the Milan Court of Appeal, the Chief Justice of India (CJI) reminded the audience of a 1951 critique by Sir Ivor Jennings, who had dismissed India’s Constitution as “too long, too rigid, too prolix.”.“However, the experience of the past 75 years has proved Sir Ivor Jennings wrong, India’s Constitution has played a major role in advancing socio-economic justice for its citizens," said CJI Gavai.Its “alleged flaws” have become the very foundation for one of the world’s most successful experiments in socio-economic transformation, he added..The Constitution of India is not just a document for governance but “a revolutionary statement,” CJI Gavai said.He then traced its provisions, particularly the Directive Principles of State Policy, which were gradually made enforceable through judicial interpretation and legislative action..“In several instances, what was once a moral directive is now a legal right. The right to education, to livelihood, to legal aid — all these emerged from the interplay of parliament’s will and judicial innovation,” the CJI highlighted. Justice Gavai invoked landmark rulings wherein the Supreme Court of India read socio-economic entitlements into the right to life under Article 21. Judgments like MH Hoskot, Olga Tellis and Bandhua Mukti Morcha ensured that justice is not denied due to poverty, he said..“In Olga Tellis, the Court said no person can live without the means of living. In Bandhua Mukti Morcha, it addressed the systemic exploitation of bonded labour. In each, it was the Directive Principles breathing life into the Fundamental Rights,” he said.He also highlighted parliament’s constitutional amendments, especially the First Amendment of 1951, which inserted Article 15(4) and the Ninth Schedule to protect affirmative action and land reform from judicial invalidation..“This was a direct and bold response to judicial decisions that had threatened to derail the promise of equality,” he said..Justice Gavai underscored the shift in judicial thinking post the Kesavananda Bharati judgment, where the Supreme Court ruled that while the parliament could amend the Constitution, it could not damage its “basic structure.”.Quoting Dr. BR Ambedkar, he stressed that social and economic democracy was the unfinished goal of India’s political democracy. Gandhi’s dream to wipe every tear from every eye is the moral foundation of the Constitution, he reminded..Justice Gavai concluded with a personal reflection. “Coming from a historically marginalised background, I am a product of the very constitutional ideals that sought to democratise opportunity and dismantle the barriers of caste and exclusion,” he said. .[Read Full Speech].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.