SC played pivotal role in expanding scope of fundamental rights: CJI B R Gavai

New Delhi: Chief Justice of India B R Gavai on Wednesday said the Supreme Court has played a "pivotal role" in expanding the scope of fundamental rights, and its 75-year journey is "inseparable" from that of the Indian Constitution.

The apex court has remained responsive to society's evolving needs by adjudicating on complex issues related to information technology, arbitration and electoral processes, he said.

Importantly, it opened its doors to the most marginalised through public interest litigations, the chief justice of India stressed.

The CJI was speaking at a function organised by the Supreme Court Bar Association (SCBA) to release a book commemorating 75 years of the top court that came into existence on January 26, 1950 and inaugurated two days later.

Justice Gavai said this year marks a historic occasion as both the Constitution and the Supreme Court completes 75 years. "Over the seven-and-a-half-decade, we have witnessed an unbreakable bond between the Constitution and the Supreme Court."

The CJI said while the Supreme Court was created by the Constitution and functions under its provisions, it has, in turn, served as the "foremost shield" of the Constitution.

"In that sense, the 75-year journey of the Supreme Court is inseparable from the journey of the Indian Constitution. They are two sides of the same coin, one giving life and the other ensuring that life endures with dignity, justice and liberty," he said.

Justice Gavai said the Supreme Court was given a huge constitutional mandate. In pursuance of that, the apex court developed the doctrine of basic structure in its landmark verdict in the Kesavananda Bharati case to safeguard the foundational features of the Constitution, he said.

"Over the years, it has played a pivotal role in expanding the scope of fundamental rights, particularly by giving a broad and progressive interpretation to the phrase 'right to life' and Article 21 which has led to the recognition of various essential rights such as right to privacy, right to dignity, right to justice, right to food, right to shelter, right to potable water, right to pollution free environment and so on," he said.

The CJI said he must also acknowledge that the Supreme Court has shown the courage and humility to admit its own errors in the constitutional interpretation.

Over the years, several judgements have been overturned through subsequent decisions, reflecting the country's willingness to engage in course correction as and when necessary, he said.

Giving an example, Justice Gavai referred to the apex court's landmark verdict which held that the right to privacy is a fundamental right under the Constitution.

In doing so, the court explicitly acknowledged that its earlier decision in the ADM Jabalpur case, which upheld the suspension of fundamental rights during an emergency, was a "historic mistake", he said.

"While the legal effect of ADM Jabalpur had already been nullified through Constitutional amendments, the Supreme Court's explicit admission of error stands as a powerful affirmation of judicial consciousness," the CJI said.

It reflected the court's evolving commitment to justice and its ability to self correct in the pursuit of constitutional truth, Justice Gavai asserted.

The CJI said, "As we reflect on the 75-year journey of the Supreme Court, it must be remembered that this is not solely about judges. It is equally about the lawyers who have shaped constitutional discourse through the arguments, ideas and advocacy."

He said it was a collective responsibility to ensure that the stories of the court and of justice itself reach the people and it was not confined only to the legal fraternity.

He also congratulated the SCBA for raising Rs 50 crores towards group medicare health insurance for its members.

Justice Gavai referred to the hurdles faced by young lawyers entering the profession, from securing a mentorship to establishing a stable practice.

Terming the legal profession demanding, he said in such circumstances, a health crisis could be devastating, not just physically and emotionally, but financially as well. Providing group health insurance was not just a welfare measure but a vital support system, the CJI said.

"I hope this becomes a model for bar associations across the country. After all, a strong bar is the foundation of an independent judiciary," he said.

Justice Gavai called upon the bar associations across the country to explore ways to raise dedicated funds to provide financial support to young law graduates who enter the legal profession without any financial safety net.

"The future of the legal profession depends on how we treat and nurture our youngest members today. Let us work collectively to ensure that no aspiring lawyer is denied the opportunity to serve justice simply because they couldn't afford to stay in the profession," he said.

Supreme Court judge Surya Kant, who also addressed the gathering, stressed the importance of regular and continuous education in the legal profession.

"Regular and continuous education is extremely important for our profession and for the quality of assistance which you render and take work from us on this side of the system," he said.

Outgoing SCBA president and senior advocate Kapil Sibal also addressed the gathering.