3 days ago
Directive principles serve as roadmap to ensure justice: CJI
Chief Justice of India (CJI) BR Gavai on Saturday said Directive Principles of State Policy enshrined in the Constitution were non-enforceable in courts but they served as a 'roadmap for legislators and executives to realise the promise of justice and equality'. Telangana chief minister Revanth Reddy, Chief Justice of India BR Gavai and others during the 22nd Convocation of the NALSAR University of Law in Hyderabad on Saturday. (ANI)
Delivering a lecture on 'Constitution of India: The contribution of BR Ambedkar' on the occasion of Constitutional Awareness Week at Tagore Auditorium in Osmania University, justice Gavai said Article 32, which empowers citizens to approach the Supreme Court in case of violation of fundamental rights, was the heart and soul of the Constitution.
The CJI admitted that the Directive Principles of State Policy enshrined in the Constitution were non-enforceable in courts but they served as the moral compass of governance. 'They are not just empty words; they serve as a roadmap for legislators and executives to realise the promise of justice and equality,' he said.
Stating that there was a historical conflict between Fundamental Rights and Directive Principles, he referred to the landmark Kesavananda Bharati case of 1973, where the Supreme Court clarified that both must work in harmony as twin pillars of constitutional governance.
He described the Constitution as an instrument of social and economic transformation, as envisioned by Ambedkar. 'The Constitution is very dear to my heart,' the CJI said and explained its journey from the Objective Resolution in 1946 to its adoption in 1949. He credited Dr Ambedkar's leadership and intellectual rigour in shaping the foundational document of modern India.
He noted that while the Constitution of India was influenced by global models, it was tailored uniquely to India's needs, creating a single, unified legal framework unlike the dual systems seen in countries like the US. 'Ours is a strong federal structure with one Constitution applicable to all states and citizens,' he said.
Justice Gavai encouraged law graduates to uphold constitutional values and cautioned against pursuing foreign degrees under peer pressure, stressing the need to invest in and strengthen India's legal education system. 'Excellence lies in strong foundations, not just foreign credentials,' he advised.
Speaking on the occasion, justice Sujoy Paul, acting chief justice of Telangana high court, recalled Ambedkar's words that however good the Constitution may be, it can fail if those who implement it are not good. 'Likewise, even a bad Constitution can work well with good people.'
He noted how the Constitution, once criticised as being overly long and rigid, has proven remarkably resilient over 75 years. 'We, the people of India, adopted, enacted, and gave ourselves this Constitution. And we, the people, are also its keepers,' he added.
'Indian legal system badly in need of fixing'
Earlier, delivering the 22nd annual convocation address of the NALSAR University of Law at Shamirpet on the outskirts of Hyderabad, the Chief Justice of India said that the Indian legal system has been facing unique challenges and is badly in need of fixing.
'The country and its legal system are facing unique challenges like delays in trials which can sometimes go for decades. In certain cases, someone has been found innocent after spending years in jail as an under trial. It is badly in need of fixing,' he said.
He, however, said he was optimistic that his fellow citizens would rise to the occasion to meet the challenges.
'We must build nurturing academic environments, offer transparent and merit-based opportunities, and most importantly, restore dignity and purpose to legal research and training in India,' the CJI said.
He pointed out that it was not just enough to celebrate India's legal legacy but one must invest in its future, not only in institutions but in imagination, in mentorship programs, research fellowships, local innovation ecosystems and ethical workplaces that make the best minds want to stay or return.
'That future depends on how we treat our researchers, our young faculty and lawyers. Our best talent can help us resolve the problems that we are facing,' he said.
Justice Gavai advised the passing out graduates to seek mentors for the sake of integrity and not for their power.
Telangana chief minister A Revanth Reddy and Supreme Court judge Justice P S Narasimha also participated, while acting Telangana acting CJ justice Sujoy Paul presided.
