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Former CJI BR Gavai calls for governance model correcting historical disadvantage

09/05/2026BlogNo Comments

Former Chief Justice of India (CJI) BR Gavai has called for a reimagining of governance that corrects historical disadvantage, observing that a model of development leaving large sections of society behind cannot be regarded as sustainable.

Delivering the inaugural Dr. Ambedkar Memorial Lecture at NALSAR University of Law in Hyderabad, Justice Gavai emphasised that sustainable development must incorporate substantive equality and address material and structural inequalities within the constitutional framework.

Organised under the aegis of the university’s Dr BR Ambedkar Chair on Constitutional Law and Social Inclusion, the lecture marked Justice Gavai’s first visit to the institution after accepting the position of Chair Professor in December 2025. The former CJI said that he had accepted the Chair Professorship on the condition that he would not receive any salary, observing that no monetary consideration could equal the value of being associated with the legacy of Dr Ambedkar.

In his lecture titled ‘Sustainable Development and Substantive Equality: A Constitutional Dialogue,’ Justice Gavai examined whether development could truly be sustainable if it failed to incorporate substantive equality, and whether the constitutional promise of equality could be realised without addressing material and structural inequalities.

Referring to Dr Ambedkar’s constitutional vision, Justice Gavai said the Constitution did not conceive of equality as merely formal guarantee, but as a substantive commitment aimed at dismantling entrenched hierarchies. Invoking Dr. Ambedkar’s warning regarding the life of contradictions, he observed that enduring social and economic inequalities continue to impede the realisation of constitutional ideals.

He further highlighted how structural inequalities shape access to resources and opportunities and noted that environmental and developmental crises disproportionately affect marginalised communities. Referring to issues such as drought, agrarian distress and extreme climate conditions, Justice Gavai said vulnerability is socially produced rather than incidental.

Justice Gavai observed that sustainable development must be understood as a constitutional principle grounded in social justice. Development, he said, cannot be considered sustainable if it perpetuates inequality, and governance frameworks must actively reduce vulnerability, redistribute access and prioritise communities most at risk. According to him, this requires moving beyond formally neutral policies towards frameworks that recognise unequal social starting points.

Discussing constitutional jurisprudence, Justice Gavai noted that principles relating to environmental protection and sustainable development have been read into the right to life under Article 21 of the Constitution. He also referred to the evolving recognition of both State and corporate responsibility in ensuring environmentally and socially just development.

A substantial portion of the lecture focused on the role of universities and academic institutions in translating constitutional ideals into practice. Justice Gavai observed that universities could function as laboratories of constitutional governance by embedding substantive equality within their administrative structures. In this context, he suggested measures aimed at improving working conditions and welfare mechanisms for contractual and daily wage workers, ensuring access to basic amenities and fostering more inclusive institutional ecosystems.

The event was attended by Vice-Chancellor Srikrishna Deva Rao, along with Vice-Chancellors from various universities, faculty members, students, researchers and members of the academic community.

The post Former CJI BR Gavai calls for governance model correcting historical disadvantage appeared first on India Legal.

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