Individual Rights Cannot Be Dented By Any Kind Of Majoritarian Social Philosophy : Ex-CJI Dipak Misra

Although in a democracy, the government is elected by the majority, individual rights cannot be dented by any kind of majoritarian social philosophy, said former Chief Justice of India Justice Dipak Misra.He was delivering a lecture on the theme of 'Actualization of Dr. Ambedkar's Ideas: Inclusiveness, Equality and Affirmative Rights' in the 3rd Dr. BR Ambedkar Memorial Lecture hosted by Hidayatullah National Law University, Raipur.In his lecture, Justice Misra explained that Ambedkar regarded human rights as highly sacrosanct. These rights of individuals stand strong and unwavering even in democracies run by majoritarian governments. Justice Misra added :“In a democracy, the government is by the majority. But the individual rights stand absolutely sacrosanct and sanguine and that cannot be dented by any kind of majoritarian social philosophy or social guidance. That is what he(Ambedkar) exactly meant”Focusing on the significance of Fraternity, Justice Misra opined that being part of our Preamble, the notion of Fraternity was inseparable from social democracy and social justice."All of us claim I live in the greatest, largest democracy, fine... but do you respect your fellow countrymen, colleagues and classmates? These are the questions to be put and understood," Justice Misra said.Referring to Ambedkar's ideas on Fraternity as a sense of common brotherhood to all citizens, Justice Misra explained -“Look at the emphasis the gentleman has given during his time on social justice and fraternity. Do you think they are irrelevant?.. It is my duty to ingrain in your mind, heart and soul that please realise this philosophy. Inclusiveness and Fraternity, Ambedkar once said is the root of democracy. ...he's speaking in the Indian context, my friends please try to understand that," the former CJI exhorted.Speaking on the occasion of India's 75th Republic Day, former Chief Justice of India Justice Misra spotlighted the vision of BR Ambedkar in striving for a social justice regime which endeavoured inclusions of all kinds of differences and disadvantages.“Dr Ambedkar an eminent personality in the history of India believed with the deepest faith and fought for social justice that put human dignity, self-respect and reclamation of human personality on the highest pedestal. A thinker who believed in democratic philosophy that encapsulates the principles of liberty, equality and fraternity. He was very keen for a just society that includes the disadvantaged, marginalised and underprivileged categories of society.” As a student of Law and History, the former CJI opined that two illustrious and dedicated action-oriented protagonists had the purpose of alleviating the conditions of the suffering class they are- President Abraham Lincoln of the USA and BR Ambedkar the chief architect of our constitution. He expressed, “I say without any fear or contradiction that Dr Ambedkar shall always remain relevant for any society and can never, I mean never be outdated...time can never erase, can never efface him, time can never destroy his thoughts.” Pressing upon his indispensable contribution towards shaping the Indian Constitution and the true democratic ideals that it encompasses, Justice Misra opined - “Dr Ambedkar can never be outdated, he is not a man of history, he is a man of the present, and that's the greatness in him. I am only here to make you aware of the thoughts of Dr Ambedkar from his different kind of social perspective.”Social Democracy And Its Close Ties To Political Democracy And Economic Equality - Justice Misra Emphasizes The former Chief Justice stressed how social reformation was seen as a tool by Dr Ambedkar for the actualisation of 'Social Democracy'. Ambedkar's philosophy on social democracy according to Justice Misra has to be understood through the lens of “social, political and economic equality as well as advocacy for affirmative action and the upliftment of oppressed groups”. For Dr. Ambedkar, the real fulcrum of the progressive democracy was embedded in social equality. Illustrating the same, Justice Misra quoted Ambedkar's speech on 26th January, 1950 - “ On the 26th day of January 1950 we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality. In politics, we will have the principle of one man one vote one value. In our social and economic life, we shall by reason of our social and economic structure continue to deny the principle of one man one value.”On State's Role In Advancing Affirmative Action And Economic Equality Justice Misra highlighted that Ambedkar strongly believed in the pivotal role of the state in eradicating caste discrimination. He recommended that the government should proactively engage in legislative measures and political interventions to eliminate discrimination, ensuring equal opportunities for all citizens. One such advocated measure was affirmative action, aimed at addressing...

Individual Rights Cannot Be Dented By Any Kind Of Majoritarian Social Philosophy : Ex-CJI Dipak Misra

Anmol Kaur Bawa

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