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Former CJI Gavai stresses equality for sustainable development at NALSAR lecture

Former CJI Gavai stresses equality for sustainable development at NALSAR lecture

TheNewsMill 3 weeks ago

Former Chief Justice of India BR Gavai emphasised on January 31, 2026, that sustainable development in India must be grounded in substantive equality, warning that economic growth without social justice could exacerbate existing disparities.

Speaking at the inaugural Ambedkar Memorial Lecture at NALSAR University of Law to mark Dr B R Ambedkar’s 135th birth anniversary, Justice (retd) Gavai advocated for a constitutional framework that combines environmental sustainability with inclusive growth.

Addressing the theme 'Sustainable development and substantive equality: a constitutional dialogue', he noted that although development is often gauged by infrastructure and economic progress, equality remains a constitutional commitment linked to dignity and inclusion. He questioned whether development can be genuinely sustainable if it excludes large sections of society, arguing that the two concepts must be considered together.

Drawing on BR Ambedkar’s Constituent Assembly speech, the former CJI highlighted the persistent contradiction between political equality and social and economic inequality in India. He asserted that structural inequalities in access to resources, opportunities and dignity require moving beyond formal equality toward substantive equality that addresses historical disadvantages.

Justice Gavai also highlighted how environmental challenges disproportionately affect marginalised communities, citing droughts, farmer distress in Vidarbha, extreme heat, and the difficulties faced by Adivasi communities in Maharashtra as examples of unequal climate impacts. He observed that vulnerable populations suffer the most severe consequences owing to limited resources and institutional support.

He stressed that sustainable development must extend beyond environmental conservation to tackle social hierarchies. "Development must not deepen existing inequalities or impose disproportionate burdens on the vulnerable," he said, adding that policies should be assessed for their capacity to reduce vulnerability and redistribute opportunities, not solely for efficiency.

The former CJI called for rethinking governance and policy design, especially in climate adaptation, disaster response, and urban planning, warning against one-size-fits-all solutions that often reinforce inequality. He underlined the importance of targeted measures aimed at marginalised groups such as informal workers and those outside formal systems.

Focusing on urban development, he highlighted disparities between well-developed areas and neglected settlements where poor populations reside. Justice Gavai pointed out that workers who underpin urban economies frequently lack access to basic amenities including housing, sanitation and clean environments, describing this as a failure of inclusive planning.

He suggested that universities could serve as "laboratories of constitutional governance" by introducing inclusive practices on campuses. Proposed measures included improved working conditions for contractual staff, access to healthcare and nutrition, and education opportunities for workers' families, underscoring that sustainability must incorporate social justice.

Concluding his lecture, Justice Gavai warned that development models excluding significant sections of society are inherently unsustainable and risk perpetuating contradictions identified by BR Ambedkar. He urged policymakers, institutions and society to align development initiatives with the constitutional ideals of equality and justice.

The event also marked the launch of initiatives under the BR Ambedkar Chair at NALSAR, including research projects, annual lectures and proposed academic programmes concentrating on anti-discrimination law and marginalised perspectives, aimed at fostering constitutional dialogue in the future.

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