‘Constitution Made Me Equal’: CJI Gavai’s Powerful Call for Systemic Inclusion in Law

Hanoi, Vietnam – In a deeply personal and powerful address, Chief Justice of India (CJI) B.R. Gavai offered his own life as a testament to the transformative power of India's Constitution, urging the global legal community to move beyond tokenism and embed diversity and inclusion into the very fabric of the justice system. Speaking at the 38th LAWASIA Conference in Hanoi, the CJI declared that constitutional safeguards had turned what could have been a life of marginalisation into one of equality and opportunity, serving as a potent reminder of the law's role in social engineering.

“For me, born into a low-caste family, it meant that I was not born untouchable,” Justice Gavai stated, his words resonating through the conference hall. “The Constitution recognised my dignity as equal to that of every other citizen, offering not just protection, but the promise of opportunity, freedom and social recognition.”

The speech, themed “Role of Lawyers and Courts in Promoting Diversity and Inclusion,” transcended a mere academic discussion, evolving into a compelling narrative of how constitutional values can shape individual destinies and, by extension, an entire nation. The CJI framed diversity and inclusion not as "abstract utopias," but as "living aspirations for millions of citizens whose identities are attacked daily due to unfair social constructs."

A Personal Testament to Constitutionalism

At the heart of CJI Gavai's address was his personal journey. He drew a direct line from the principles enshrined in the Constitution of India in 1950 to his own ascent to the country's highest judicial office. He credited the vision of figures like Gautam Buddha, Mahatma Gandhi, and Dr. B.R. Ambedkar, alongside the values of justice and compassion instilled by his father, R.S. Gavai, for shaping his worldview.

He recounted how Dr. Ambedkar demonstrated that law must be a "means of equality," not a tool for entrenching hierarchy. This philosophy became a guiding principle in his own career. He shared an anecdote from his time as a lawyer when he represented a man from a community that had never produced a doctor. What appeared to be a routine appointment dispute transformed into a beacon of hope for an entire community, illustrating how individual legal battles can have far-reaching societal impact.

“As lawyers, our responsibility extends beyond merely securing a favourable outcome in any given case,” he urged. “We must also reflect on whether the arguments that we advance contribute to expanding the values enshrined in the Constitution.”

The Judiciary's Role in Expanding Social Justice

Transitioning from the role of an advocate to that of a judge, CJI Gavai argued that the judiciary bears a profound responsibility to actively interpret laws in a manner that furthers social justice. He warned against a rigid, formalistic approach that could inadvertently perpetuate historical inequalities.

“As judges, our task should be to adopt interpretations that actively expand the values of social justice and inclusion,” he asserted. “The judiciary cannot remain oblivious to the historic discrimination faced by marginalized communities.”

He referenced his own significant judgment in State of Punjab v. Davinder Singh , which dealt with the complex issue of sub-classification among Scheduled Castes, as an example of the judiciary grappling with the nuances of affirmative action. Furthermore, he cited landmark Supreme Court verdicts such as Vishaka v. State of Rajasthan (on workplace sexual harassment), Anuj Garg v. Hotel Association of India (striking down discriminatory employment laws for women), and Babita Puniya v. Union of India (granting permanent commission to women in the armed forces) as prime examples of the judiciary's crucial role in promoting equality.

From Precept to Practice: Implementing Inclusion

CJI Gavai made it clear that judicial pronouncements are only one part of the equation. True change, he argued, requires translating these principles into administrative and institutional practice. He revealed that upon assuming office as Chief Justice in May, one of his immediate priorities was to ensure that affirmative action policies within the Supreme Court's administrative recruitment were implemented "not just in letter, but in spirit."

“I directed that marginalised communities receive their due share in all administrative appointments and that these policies be applied consistently and transparently,” he shared, offering a rare glimpse into the internal administrative reforms of the apex court.

This commitment extends to the legal profession itself. The CJI directly addressed the biases that hinder diversity, calling on lawyers to reflect their courtroom advocacy in their own workplaces. He specifically called out the reluctance to hire women based on assumptions about maternity leave or commitment, labelling such biases as "unfair and counterproductive."

Beyond Representation: A Call for Mentorship and Empathy

Perhaps the most forward-looking aspect of his speech was the emphasis on moving beyond mere representation, which he warned can devolve into tokenism. The CJI championed a culture of active mentorship and support for professionals from marginalised backgrounds.

“Diversity may bring people to the same room, but inclusion ensures that every voice is heard, valued, and allowed to shape the conversation,” he eloquently stated. “It demands that institutions go beyond representation to transformation, to question who holds power, who defines norms, and whose stories remain unheard.”

He stressed that recruiting an individual from a marginalised community without providing guidance, empathy, and a nurturing environment undermines the very purpose of inclusion. The responsibility for change, he argued, cannot rest solely on the shoulders of the marginalised. “True inclusion requires active effort, commitment, and accountability from everyone who benefits from existing privileges,” he concluded.

As the Executive Chairperson of the National Legal Services Authority (NALSA), he also highlighted the imperative to make the justice system accessible to every citizen, directing his teams to reach the most remote and underserved regions of the country. For the CJI, inclusion means ensuring the common person can understand and connect with legal processes, making the law a "language of access, not one of fear or exclusion."

CJI Gavai’s address in Hanoi serves as a powerful and timely call to action for the legal fraternity in India and beyond. It is a reminder that the Constitution is not a static document but a living promise—one whose fulfillment depends on the daily commitment of lawyers and judges to transform its ideals of equality and justice into a lived reality for all.