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

Report on the Indian Constitution’s Role in Advancing Sustainable Development Goals

Event Summary

A report on the address by the Chief Justice of India (CJI), Bhushan Ramkrishna Gavai, at an event in Mangalagiri commemorating the 75th anniversary of the Indian Constitution. The event was attended by dignitaries including the Andhra Pradesh Chief Minister and the AP High Court Chief Justice. The CJI’s speech focused on the Constitution as a living document instrumental in achieving key Sustainable Development Goals (SDGs).

Alignment with SDG 16: Peace, Justice and Strong Institutions

The CJI underscored the judiciary’s critical function in upholding the rule of law and ensuring access to justice, which are central tenets of SDG 16.

• Access to Justice: It was emphasized that citizens have the constitutional right to approach the judiciary when fundamental rights are violated, directly supporting SDG Target 16.3 (promote the rule of law at the national and international levels and ensure equal access to justice for all).
• Strong Institutions: The courts were identified as the primary institutions responsible for safeguarding citizens’ rights from infringement, reinforcing the framework for peace, justice, and strong institutions.
• Constitutional Framework: The speech highlighted the Kesavananda Bharati verdict, which protects the Constitution’s basic structure, ensuring a stable and just legal framework.

Contributions to SDG 10: Reduced Inequalities

A significant portion of the address was dedicated to constitutional mechanisms aimed at reducing social and economic disparities, directly contributing to SDG 10.

1. Social and Economic Inclusion: The directive principles of the Constitution were cited as foundational for ensuring social and economic justice for all citizens, aligning with SDG Target 10.2 (empower and promote the social, economic and political inclusion of all).
2. Affirmative Action: The CJI discussed constitutional amendments and Supreme Court rulings supporting reservations and classification for Scheduled Castes (SC), which are designed to reduce inequalities of outcome (SDG Target 10.3).
3. Equity Principle: The CJI’s support for applying the “creamy layer” principle to SC/ST reservations was noted as a measure to ensure that affirmative action benefits the most marginalized within these communities.
4. Empowerment of Marginalized Groups: The achievements of individuals from marginalized communities, such as the first tribal woman president and leaders from SC backgrounds, were presented as evidence of the Constitution’s success in promoting inclusion.

Advancements in SDG 5: Gender Equality

The CJI’s remarks highlighted the Constitution’s role in promoting gender equality and empowering women, a core objective of SDG 5.

• Ending Discrimination: Judicial decisions upholding women’s rights against discrimination in the workplace, such as the landmark Visakhapatnam case, were praised as vital steps toward achieving SDG Target 5.1 (end all forms of discrimination against all women and girls everywhere).
• Participation and Leadership: The increasing presence and success of women in legal education and the judiciary were noted as positive indicators of progress towards SDG Target 5.5 (ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making).

Concluding Remarks: A Call for Sustained Action

The CJI concluded by calling for sustained government efforts in Andhra Pradesh to ensure healthy and prosperous lives for all citizens. This reinforces the overarching mission of the 2030 Agenda for Sustainable Development. The Constitution, at 75 years, was framed not as a static document but as a dynamic instrument for achieving a future of justice, equality, and opportunity for all, in line with the global SDGs.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 5: Gender Equality
• SDG 10: Reduced Inequalities
• SDG 16: Peace, Justice and Strong Institutions

2. What specific targets under those SDGs can be identified based on the article’s content?

1. SDG 5: Gender Equality
   • Target 5.1: End all forms of discrimination against all women and girls everywhere.
     
     The article mentions the Chief Justice of India (CJI) praising judicial decisions that uphold women’s rights against discrimination in workplaces, specifically citing the Visakhapatnam case. This directly relates to ending discriminatory practices against women.
   • Target 5.5: Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life.
     
     The CJI’s note on the “increasing presence and success of women in legal education and the judiciary” points towards progress in women’s participation and leadership within the judicial system, a key area of public life.
2. SDG 10: Reduced Inequalities
   • Target 10.2: By 2030, empower and promote the social, economic and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status.
     
     The article discusses reservations for Scheduled Castes (SC) and Scheduled Tribes (ST), which are policies aimed at promoting the inclusion of marginalized communities. The CJI also highlights “exemplary achievements by citizens from marginalised communities,” such as the first tribal woman president and leaders from SC backgrounds in prominent positions, as evidence of social and political inclusion.
   • Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices and promoting appropriate legislation, policies and action in this regard.
     
     The discussion on the first constitutional amendment on reservations and the Supreme Court’s recent ruling supporting SC classification are examples of legislation and judicial actions designed to ensure equal opportunity and address historical inequalities.
3. SDG 16: Peace, Justice and Strong Institutions
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
     
     The core theme of the article is the role of the judiciary. The CJI emphasizes that “courts must protect these rights” and that “citizens have been granted the right to approach the judiciary” when their fundamental rights are violated. This directly addresses the promotion of the rule of law and access to justice.
   • Target 16.6: Develop effective, accountable and transparent institutions at all levels.
     
     The article focuses on the judiciary as a vital institution for safeguarding the Constitution and fundamental rights. Landmark rulings like the Kesavananda Bharati verdict are cited as examples of the judiciary’s role in maintaining constitutional balance, reflecting its effectiveness and accountability.
   • Target 16.7: Ensure responsive, inclusive, participatory and representative decision-making at all levels.
     
     The mention of a “tribal woman president” and “leaders from SC backgrounds attaining prominent positions in Parliament and civil services” serves as an example of progress towards more inclusive and representative decision-making in the country’s highest institutions.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

1. For SDG 5 (Gender Equality):
   • Indicator for Target 5.1: The existence of judicial rulings that uphold laws against gender discrimination in the workplace (e.g., the Visakhapatnam case mentioned). This serves as a qualitative indicator of a legal framework being enforced.
   • Indicator for Target 5.5: The proportion of women in leadership positions within the judiciary. The article implies this can be measured by tracking the “increasing presence and success of women in legal education and the judiciary.”
2. For SDG 10 (Reduced Inequalities):
   • Indicator for Target 10.2/10.3: The existence and judicial affirmation of affirmative action policies (reservations) for marginalized communities. The article points to the Supreme Court’s ruling on SC classification as a specific instance.
   • Indicator for Target 10.2/10.3: The number of individuals from marginalized communities (SC, ST) holding high-level public office. The article explicitly mentions the “first tribal woman president” and “leaders from SC backgrounds” in Parliament and civil services as measures of success.
3. For SDG 16 (Peace, Justice and Strong Institutions):
   • Indicator for Target 16.3: The ability of citizens to access the judicial system to protect their fundamental rights. The CJI’s statement that citizens “have been granted the right to approach the judiciary” implies that the accessibility of courts is a key measure.
   • Indicator for Target 16.7: The representation of marginalized groups in national institutions. The article implies this can be measured by the presence of individuals like the “tribal woman president” in key decision-making roles.

4. Table of SDGs, Targets, and Indicators

Source: deccanchronicle.com