Chief Justice of India B R Gavai, speaking in Italy on Wednesday, emphasised that the executive cannot assume the role of judge, jury, and executioner, as he referred to a 2024 Supreme Court ruling that condemned arbitrary demolitions carried out without due legal process.
He highlighted the Court's judgment, which held that such demolitions, particularly of properties belonging to individuals accused of crimes but not yet convicted, violated both the rule of law and the fundamental right to shelter under Article 21 of the Constitution.
Addressing a gathering on the theme of constitutional commitment to socio-economic justice over 75 years of Indian democracy, the Chief Justice underscored that the right to housing carried a deeper socio-economic dimension, reflecting the hard work and aspirations of ordinary citizens.
He argued that socio-economic justice extended beyond redistribution and welfare schemes, and instead involved creating conditions that allowed individuals to live with dignity, realise their potential, and participate equally in all spheres of national life.
He noted that achieving socio-economic justice required addressing deep-rooted structural inequalities, without which no society could consider itself truly democratic or progressive, and he observed that inclusive development was essential for long-term stability and sustainable growth.
Reflecting on the evolution of India’s constitutional jurisprudence, he recalled the early tensions between Parliament and the judiciary, particularly around efforts to implement socio-economic rights, which culminated in the landmark Kesavananda Bharati judgment that affirmed the inviolability of the Constitution’s basic structure.
The Chief Justice observed that over the years, the judiciary had recognised that formal equality was inadequate, and that substantive justice demanded proactive measures to ensure dignity and equity for all.
He said that both the legislature and the judiciary had contributed to expanding the scope of socio-economic rights in recent decades, with Parliament enacting a series of progressive laws that addressed systemic oppression and aimed to uphold the dignity of marginalised groups.
Citing legislation such as the Bonded Labour System (Abolition) Act, the Dowry Prohibition Act, the Child Labour (Prohibition and Regulation) Act, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, he said these laws represented conscious efforts to rectify historical injustices and ensure equality before the law. He concluded that socio-economic justice was not only a constitutional ideal but also a practical necessity for building an inclusive and democratic society.