Chief Justice of India Surya Kant on Tuesday said that inequalities persist despite formal equality and institutions strive to retain public trust in an age of impatience, emphasising the need for confronting inequality and protecting liberty.
Speaking at a ceremony for the launch of a book titled "The Voice of Justice: Justice Gavai Speaks" written by former CJI B R Gavai, Justice Kant said while fundamental rights give the citizen protection against arbitrary power, the directive principles give the republic its direction towards a more just social order."This balance, between individual freedom and social transformation, is one of the recurring concerns of his constitutional thought," he said.
C. P. Radhakrishnan, Vice-President of India, on Tuesday formally released the book, 'The Voice of Justice: Justice Gavai Speaks ', at the Vice-President's Enclave, New Delhi. It features a curated collection of former Chief Justice of India, B.R. Gavai's speeches.
The book launch was presided over by Chief Justice of India Surya Kant and also saw the presence of Justice Vikram Nath. The book, edited by Senior Professor S. Sivakumar of the Indian Law Institute, has been published by Thomson Reuters.
Addressing the gathering, CJI Kant told the audience that he had the privilege of writing the Foreward for the book which stands as a testimony of former CJI Gavai's work which he carried out with dignity while staying grounded in the realities of the world.
CJI Kant pointed out that three themes run concurrently through the book: first, the insistence that the Constitution is not self-executing, which is why former CJIs continue to emphasis on access to justice, free legal aid, undertrial prisoners, and compassion in justice delivery.
"The first is the insistence that the Constitution is not self-executing. Its promises become real only when institutions remember the human being behind the dispute. That is why Bhushan Bhai returns so often to access to justice, free legal aid, undertrial prisoners, and compassion in justice delivery. His reflections on Article 39A are not technical reflections on legal aid alone; they are a reminder that justice cannot depend on the accident of one's resources."
The second theme is the former CJI's focus on the relationship between rights and social justice. CJI Kant said that the former judge doesn't see fundamental rights and directive principles as rival claims upon the Constitution but a deliberate constitutional design. Thirdly, the book addresses the need for constitutionalism through the lens of technology, legal education, arbitration, climate concerns, gender justice, public confidence in courts and rights of marginalised communities.
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