"Indian Judiciary Upholds Rule of Law, Not Bulldozer," Says CJI BR Gavai

Chief Justice of India (CJI) BR Gavai on Friday emphasised that the Supreme Court’s 2024 ruling against the arbitrary demolition of houses, commonly termed as ‘bulldozer justice’, serves as a reminder that India is governed by the rule of law.

Delivering the Sir Maurice Rault Memorial Lecture in Mauritius, CJI Gavai recalled the landmark 2024 judgment, stating,

"It was held that the demolition of houses of accused persons in response to alleged offences bypasses legal processes, violates the Rule of Law, and infringes upon the fundamental right to shelter under Article 21. It was further held that the executive cannot assume the roles of judge, jury, and executioner simultaneously. Guidelines were thus laid down to ensure that no demolition may take place in the future without strictly following the established legal procedures. The judgment sent a clear message that the Indian legal system is governed by the Rule of Law, not by the rule of the bulldozer."

Speaking on the theme, 'Rule of Law in the Largest Democracy', CJI Gavai also underscored that legality alone does not always equate to justice.

"Legality alone does not confer fairness or justice. It is important to remember that just because something is legalized, it does not mean it is just," he said.

He illustrated his point with historical examples, including slavery in the United States, colonial-era laws in India that criminalized entire tribes, global laws penalizing indigenous and marginalized communities, and the misuse of sedition laws to suppress dissent.

"Laws of sedition were often used to suppress resistance against oppressive legal systems," the CJI noted.

CJI Gavai further distinguished technical legality from the broader principle of the rule of law, noting that India has enacted new laws to correct historical injustices and to hold public institutions accountable.

"The Rule of Law has matured as a guiding principle for the judiciary, shaping its approach to testing the validity of laws and interpreting constitutional mandates," he added, remembering the contributions of Mahatma Gandhi and Dr. BR Ambedkar to the evolution of the rule of law in India.

"The vision of Gandhi and Ambedkar demonstrates that in India, the Rule of Law is not a mere set of rules. It is an ethical and moral framework designed to uphold equality, protect human dignity, and guide governance in a diverse and complex society," CJI Gavai remarked.

During his lecture, he highlighted several landmark Supreme Court rulings that reinforce the rule of law, including Chiranjit Lal Chowdhuri v. Union of India, Kesavananda Bharati, EP Royappa, Maneka Gandhi v. Union of India, the judgment declaring instantaneous triple talaq unconstitutional, and the Puttaswamy v. Union of India verdict recognizing the right to privacy as a fundamental right.

Referring to the Puttaswamy case, he said,

"The Rule of Law operates on both procedural and substantive levels: it restrains arbitrary action by the State, guarantees equality before the law, and embeds democratic accountability across all branches and levels of governance."

CJI Gavai also paid tribute to Sir Maurice Rault, who had described the rule of law as a citadel that protects both citizens from despotism and the government from anarchy.

Concluding his address, he highlighted the strong bond between India and Mauritius and urged both nations to ensure that law serves justice, and justice serves the people.

The lecture was attended by Mauritius President Dharambeer Gokhool, Prime Minister Dr. Navinchandra Ramgoolam, Chief Justice Rehana Mungly Gulbul, Attorney General Gavin Patrick Cyril Glover, judges, and members of the Mauritius legislature.

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