6 days ago
Have always tried to balance directive principles and fundamental rights, says Chief Justice of India Gavai at felicitation by legislature
Mumbai: Chief Justice of India (CJI) B R Gavai on Tuesday said that whenever he gets an opportunity, he tries to balance the guiding principles of state policy of the Constitution and fundamental rights.
Gavai mentioned that it was a tightrope walk to balance the directive principles and fundamental rights. He stated that the three arms of the Constitution — the executive, legislature, and judiciary — have fulfilled their responsibilities at the completion of 75 years of the Constitution, as desired by Bababsaheb Ambedkar. Gavai emphasised that both directive principles and fundamental rights are considered equal and are the soul of the Constitution.
"I have always said that this position is an opportunity for me to serve the country and society," Gavai said.
Gavai was speaking on the Constitution during his felicitation by the legislature in Vidhan Bhavan's central hall for taking oath as the 52nd chief justice of India.
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Referring to Ambedkar's speeches, Gavai noted that a Constitution can not be static but has to be organic and evolving to suit the needs of the people.
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Gavai expressed that the felicitation at the state legislature was special since his father, R S Gavai, represented people in the same legislature for many years. "Today I am being felicitated in the same hall. This is a matter of pride for me," Gavai said.
His father was chairperson of the legislative council and governor of Bihar, Kerala and Tripura. Earlier, the legislature passed a resolution congratulating Gavai on his appointment as chief justice of India.
Gavai said Ambedkar was criticised for giving more powers to the Centre and less to the states in the Constitution. "But later Babasaheb explained his position and said that the Centre and the states have equal powers. In the early days, the SC had the view that whenever there was a conflict between the directive principles and the fundamental rights, then fundamental rights would prevail. But later, both these principles were considered equal," he said.
"While working in a constitutional position, whether it is a Supreme Court judge or a high court judge, you are expected to work only in accordance with the fundamental rights and guiding principles enshrined in this Constitution. Babasaheb always said that the Constitution of India is a tool to create a bloodless revolution in the country," he said.
"In the last 22 years, good work of justice was done. Babasaheb and the framers of the Constitution had a dream of creating social and economic equality.
I got the opportunity to play a significant role in fulfilling this dream. This honour is given by 12.87 lakh crore people," he said.
"After the Amrut Mahotsav of the country's Constitution, we have now started moving towards its centenary — 75 years is not considered a long period for any Constitution," he said.
"Babasaheb always said that women are the most backward in this country. To bring those women into the mainstream, revolutionaries Jyotiba Phule and Savitribai Phule opened the gates of education.
After that, a revolution took place in the entire country. Therefore, today women are at the forefront in all fields. This country got a woman prime minister and two women presidents. There was no president from the tribal community.
But this was made possible by the Indian Constitution," Gavai said.
Chief minister Devendra Fadnavis said humanity and sensitivity are Gavai's great qualities.
"While working as a judge in the Bombay high court, he faced many difficult situations.
On the one hand, there was the law, and on the other hand, there was the wider public interest. At that time, he emphasised how the law could be interpreted in the wider public interest. He made many decisions with the idea that not everything happens according to the law every time, but this wider public interest should be accommodated in it.
In these cases, there would have been great dissatisfaction among the people. But he tried to find a way out of it too," Fadnavis said. "He never faced the pressure of his relationships. You can have tea with him, but his orders will always be on the side of justice. Often people go into a shell after becoming judges or chief justices. But Bhushan Gavai never went into a shell. He is always available to everyone. He interacts with the very last person wherever he sees them," Fadnavis said.
