India’s Chief Justice Bra Gavai said on Wednesday that the executive could not become a “judge, jury, and executioner”, as he mentioned the Supreme Court’s 2024 verdict against the alleged bulldozer justice, stating that “arbitrary demolitions, which bypasses legal procedures, violate the rule of the law and violate the clerical rights under the law.”
Chief Justice Gawai was speaking on the topic of the Constitution in Italy ‘Role of the Constitution in giving socio-economic justice in a country: Reflection from Indians of 75 years’.
“The court investigated the decisions of the state officials, who was convicted by the court of the law to demolish the houses and assets of an accused, when they were convicted by the court of law.
Quoting the apex court verdict, CJI Gawai said, “In doing so, it was noted with sympathy, and I quote,” that is an aspect of socio-economic rights in building a house. For an average citizen, a house is often the culmination of hard work, dreams and aspirations. “
CJI Gawai said that socio-economic justice is “not only a matter of redistribution or welfare”. “This is about enabling every person to live with dignity, to realize his full human ability, and to participate equally in the social, economic and political life of the country. For any country, socio-economic justice is an important aspect of national progress. It ensures that development is inclined, which is developed, which is their social or economically distributed, and all the person with all the person, and that all the person with all the people,”
“Without addressing the structural inequalities of marginalizing large sections of society, no nation can really claim to be progressive or democratic. Socio-economic justice, in other words, is a practical need to achieve long-term stability, social harmony and sustainable development.”
CJI Gavai recalled that the stress between the judiciary and Parliament in the early years came against the background of efforts to feel socio-economic rights and led the landmark decision in the Keshavanand Bharti vs. Kerala case, where it was held that it could not change the basic structure of the Constitution.
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In later years, he said, the Supreme Court “admitted that formal equality is inadequate alone, and that all are important measures for all to feel the promise of the Constitution of Justice and Dignity”.
He said that to achieve socio-economic justice, “was strengthened through its legislative powers and by the Supreme Court through its constitutional interpretation.” “Both Parliament and the judiciary have expanded the scope of socio-economic rights in the 21st century.”
The Chief Justice said that Parliament implemented a wide range of laws with the aim of advancing socio-economic justice. “These include laws that ban socially oppressive and discriminatory practices, such as the bonded labor system (elimination) Act, Child Labor (Prohibition and Regulation) Act, Dowry Prohibition Act, and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. All citizens.”
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