SC expanded scope of Article 21 for full realisation of right to life Justice Gavai

New Delhi, Mar 26 (PTI) Supreme Court judge Justice B R Gavai on Wednesday said in the past 75 years, the top court has expanded the scope of Article 21 of the Constitution and incorporated various rights to ensure full realisation of the essence of the right to life.
     Speaking in a function organised by the Supreme Court Advocates-on-Record Association (SCAORA) here to celebrate 75 years of the Constitution, Justice Gavai said every day hundreds of citizens step into the court seeking justice which is a testament to their unwavering trust in this institution.
     "Over the last 75 years, the Supreme Court has expanded the scope of Article 21 incorporating various rights to ensure the full realisation of the essence of the right to life, such as the right to live with human dignity, right to shelter, right to health, right to sleep, right to protest, right to clean air or water, right against noise pollution, right against illegal and wrongful detention, right to feel legally, right of arrested persons, right to food, right to privacy and the right to protection from the adverse effect of climate change," he said.
     Justice Gavai, while addressing the lawyers and judges of the top court and high court, said the presence of citizens in courts reflects not only their faith in the judiciary but also the fundamental role the court plays in upholding the rule of law, protecting rights and ensuring justice for all.
     "Every day, hundreds of citizens step into the court seeking justice, a testament to their unwavering trust in this institution. The presence reflects not only their faith in the judiciary but also the fundamental role the court plays in upholding the rule of law, protecting rights and ensuring justice for all. This trust is a responsibility that the judiciary carries with its utmost dedication, reinforcing its commitment to fairness, impartiality and the principles enshrined in the Constitution," he said.
     Among those seated on the dais included Chief Justice of India Sanjiv Khanna, Justice Surya Kant, Attorney General R Venkataramani, Solicitor General Tushar Mehta and SCAORA president Vipin Nair.
     Justice Gavai, who is next in line to become the chief justice of India, said the Constitution embodies the hopes and dreams of Indian people.
     "The framing of India's Constitution was driven by a collective vision to empower every citizen, safeguard their rights and uphold justice, equality and dignity. Rooted in the principles of equality, liberty and fraternity, the Indian Constitution promotes social democracy and strives to bring about positive societal transformation," he said.
     The senior-most judge said in the last 75 years, the Supreme Court of India has been at the forefront of shaping the country's constitutional mandate and through judicial review the Indian judiciary has been instrumental in interpreting constitutional provisions, invalidating unconstitutional laws and upholding democratic values.
     Referring to the largest-ever Constitution bench of 13-judges verdict in the Kesavananda Bharati case, Justice Gavai said it was held that the core principles of forming the basic treaty of the Constitution could never be abrogated, even by the constitutional amendment.
     "The judgment listed several basic features of the Constitution, such as supremacy of the Constitution, republican and democratic form of government, secular character of the Constitution, separation of powers between the legislature, executive and the judiciary and federal character of the Constitution," he said.
     He referred to another landmark case of Minerva Mills of 1980, saying it cemented a harmonious balance between part three (fundamental rights) and part four (directive principles of state policy) of the Constitution.
     "To give absolute primacy to one or the other is to disrupt the harmony of the Constitution. This harmony and balance between fundamental rights and Directive Principles is an essential feature of the basic structure of the Constitution," he said.
     Justice Gavai further said the basic structure doctrine is a fundamental pillar of constitutional interpretation in India which has been reaffirmed through several landmark judgments.
     He added that another significant case is Maneka Gandhi versus Union of India, where the court held that the procedure established by law must be fair, just and reasonable.
     Justice Gavai lauded the services rendered by all the advocates on record from 1966 in assisting the Supreme Court in discharging its duties and congratulated the SCAORA for the launch of its e-journal and its website.
     "This initiative will undoubtedly contribute to the dissemination of legal knowledge and promote meaningful discussions within the legal community," he said.

(This story has not been edited by THE WEEK and is auto-generated from PTI)