Balancing Rights and Principles Is a ‘Tightrope Walk’: CJI Gavai at Maharashtra Vidhan Bhavan

Balancing Rights and Principles Is a ‘Tightrope Walk’: CJI Gavai at Maharashtra Vidhan Bhavan

Addressing a ceremonial gathering at the Maharashtra Vidhan Bhavan following his elevation as the 52nd Chief Justice of India, Justice B.R. Gavai reflected on the enduring constitutional dialogue between fundamental rights and directive principles of state policy.

Emphasizing the delicate nature of this judicial balancing act, he remarked that he has “always tried to balance the guiding principles of state policy and fundamental rights,” describing it as “a tightrope walk.”

Held in the Central Hall of the legislature, the felicitation carried deep personal resonance for Justice Gavai—his father, R.S. Gavai, had served in the same House as Chairperson of the Maharashtra Legislative Council and as Governor of Bihar, Kerala, and Tripura. A formal resolution was passed by the legislature to congratulate Justice Gavai on assuming the highest judicial office in the country.

In his address, CJI Gavai delved into the evolving interpretation of Part III (Fundamental Rights) and Part IV (Directive Principles) of the Constitution. He noted that while early Supreme Court jurisprudence prioritized fundamental rights in cases of conflict, later decisions recognized the two parts as enjoying equal constitutional footing. “In the early days, the SC held that fundamental rights would prevail. But later, both these principles were considered equal,” he said.

Invoking Dr. B.R. Ambedkar’s vision, he described the Constitution as an “organic and evolving” instrument designed to meet the changing needs of society. “While working in a constitutional position—whether as a Supreme Court or High Court judge—you are expected to act in accordance with both fundamental rights and guiding principles,” he asserted.

Justice Gavai also contextualized his judicial service as part of a broader mission for social and economic transformation, inspired by the Constitution’s framers. “Babasaheb and the framers had a dream of creating social and economic equality. I got the opportunity to play a significant role in fulfilling this dream,” he said.

Highlighting constitutional achievements in inclusivity, he cited the pioneering work of Jyotiba and Savitribai Phule in education reform, the advancement of women's rights, and the election of India’s first tribal President—all made possible, he said, “by the Indian Constitution.”

Though ceremonial in nature, his speech resonated with constitutional philosophy, affirming the judiciary’s role in facilitating what Ambedkar envisioned as a “bloodless revolution.” Reflecting on the Constitution’s journey, he said, “We have completed 75 years. This may not be a long time in the life of a Constitution, but we are now moving toward its centenary.”

Maharashtra Deputy Chief Minister Devendra Fadnavis, who also spoke at the event, shared reflections from Justice Gavai’s tenure at the Bombay High Court. Fadnavis noted that his judgments balanced legal rigour with public interest, saying, “He often made decisions with the belief that not everything happens strictly according to the law, but the broader public interest must be accommodated.”

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