CJI Gavai Stresses Need To Uphold Fundamental Rights And Ensure Social Justice

When primary rights are violated, citizens have been granted the right to approach the judiciary, which must be made use of, he said while speaking as the chief guest at a programme organised by the AP High Court advocates association in Mangalagiri.

The event marked the 75th anniversary of the Constitution coming into force.

The programme held at the CK Convention Centre was also attended by Andhra Pradesh Chief Minister N. Chandrababu Naidu, AP High Court Chief Justice Dheeraj Singh Thakur, other HC judges, advocate general Dammalapati Srinivas and numerous lawyers.

The CJI’s speech, themed "India and the Living Indian Constitution at 75 Years," elaborated on social and economic justice enshrined in the directive principles, women’s empowerment, and the importance of raising public awareness about constitutional rights.

Justice Gavai recalled Babasaheb Ambedkar’s foundational speech to the constituent assembly, urging every legal practitioner to study it deeply. “The Constitution was not viewed as a rigid document by Ambedkar. He provided mechanisms for amendments,” Gavai said.

He said, “The first amendment on reservations came a year after the Constitution was enacted, demonstrating this flexibility.” He referenced landmark SC rulings, including the Kesavananda Bharati verdict, which asserted that the basic structure of the Constitution cannot be altered, balancing fundamental rights and directive principles.

Justice Gavai highlighted the Supreme Court’s recent ruling supporting the Scheduled Caste (SC) classification and reservations, affirming his view that the "creamy layer" principle should also apply in SC/ST reservations. He praised judicial decisions upholding women’s rights against discrimination in workplaces, citing the Visakhapatnam case.

The CJI noted the increasing presence and success of women in legal education and the judiciary.
Emphasising constitutional protections, Justice Gavai remarked, “The Constitution safeguards citizens’ primary rights from infringement and courts must protect these rights.”

He spoke warmly of his visit to Amaravati, the capital of Andhra Pradesh, and his "ancestral" Maharashtra’s eastern region with the same name, noting with curiosity his judicial journey’s beginnings there (Amravati) and his final engagement as CJI in this Amaravati).

The CJI highlighted exemplary achievements by citizens from marginalised communities, including the first tribal woman president and of leaders from SC backgrounds attaining prominent positions in Parliament and civil services.

Justice Gavai called for sustained government efforts in AP to ensure healthy and prosperous lives for all citizens, reinforcing the Constitution’s mission at 75 years as “a successful journey of justice, equality and opportunity for all.”