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Kesavananda Bharati Judgment: A Milestone for Social and Economic Justice

Kesavananda Bharati Judgment: A Milestone for Social and Economic Justice
Introduction The landmark Supreme Court judgment in the Kesavananda Bharati vs. State of Kerala case, which introduced the Basic Structure doctrine, was pivotal in advancing social and economic justice in India, as emphasized by Supreme Court Justice BR Gavai during the SN Bhuyan centenary lecture. The event highlighted the enduring impact of the judgment on Indian jurisprudence and the pursuit of equality.

Historical Context and Women's Plight Justice Gavai touched upon the pre-Independence plight of women, highlighting their severe social disadvantages. He noted that women faced significant challenges in education and societal status, often enduring conditions worse than untouchability. The judiciary, along with the executive and legislative branches, has since made significant strides to ensure social and economic justice for women.

Progress Towards Social Justice Over the past 75 years, numerous steps have been taken towards achieving social and economic justice. Justice Gavai pointed out that individuals from Scheduled Castes and Scheduled Tribes (SC/ST) have reached high positions, exemplified by women holding significant roles such as Chief Secretary and Director General of Police (DGP) in Maharashtra. The role of the courts has been crucial in this progress.

Impact of Dr. BR Ambedkar and the Constitution Justice Gavai credited the vision of Dr. BR Ambedkar and the Constitution for enabling individuals like himself to succeed. He emphasized the importance of continuing efforts towards social and economic justice to truly honor the Constitution and SN Bhuyan's legacy. This vision has guided the judiciary, executive, and legislature in making significant strides towards these goals.

Justice Ujjal Bhuyan's Introduction Justice Ujjal Bhuyan, introducing Justice Gavai, remarked on the significance of diverse opinions in a democracy. He acknowledged the divergent views elicited by Justice Gavai's opinion in the caste sub-categorization case, emphasizing the healthy nature of debate in a democratic society.

Event Attendance The lecture was attended by notable figures including Supreme Court Justices Hrishikesh Roy and N Kotiswar Singh, Gauhati High Court Chief Justice Vijay Bishnoi, Solicitor General Tushar Mehta, Supreme Court Advocates-On-Record association president Vipin Nair, Assam Advocate General Devajit Saikia, and Gauhati High Court Bar association president KN Choudhury. Their presence underscored the importance of the discussion on social and economic justice.

Conclusion Justice Gavai concluded by urging continued efforts to advance social and economic justice, aligning with the Constitution's vision. He highlighted that this pursuit is the most fitting tribute to the Constitution and to SN Bhuyan's contributions. The Kesavananda Bharati judgment remains a cornerstone in this ongoing journey towards equality and justice in India.

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