Chief Justice of India BR Gavai delivered the Sir Maurice Rault Memorial Lecture in Mauritius under the theme “Rule of Law in the Largest Democracy,” where he stressed that India is governed by the rule of law rather than by what is popularly referred to as “bulldozer justice.” He referred to a 2024 Supreme Court ruling which held that it is illegal to demolish houses arbitrarily merely because their owners are accused of crimes but not yet proven guilty. According to this ruling, such demolitions bypass legal procedures, violate constitutional protections—including the fundamental right to shelter under Article 21—and allow the executive to assume roles of judge, jury, and executor all at once. The judgment mandated that future demolitions must follow established legal procedures.
In his address, CJI Gavai pointed out that legality does not always equal justice. He illustrated this by recalling historical instances such as slavery in the United States, colonial-era laws in India that criminalized entire tribes, and laws (including sedition laws) that targeted marginalized groups. He emphasized that while laws may have permitted injustices in the past, the doctrine of rule of law demands continual correction of such legal wrongs. He noted that India has enacted new laws to redress historical injustices and that public institutions and officials must be held accountable to constitutional mandates.
CJI Gavai invoked several landmark Supreme Court judgments as examples of the rule of law shaping Indian jurisprudence. These included Kesavananda Bharati, EP Royappa, Maneka Gandhi v. Union of India, the decision invalidating instantaneous triple talaq, and the ruling affirming the right to privacy as a fundamental right. He said the rule of law operates both procedurally and substantively: it restrains arbitrary state action, guarantees equality before the law, and ensures democratic accountability across all branches of government.
During the lecture, CJI Gavai also reflected on the legacy of Mahatma Gandhi and Dr. B.R. Ambedkar, suggesting their vision helped establish an ethical and moral framework where law protects human dignity and equality. He further remembered Sir Maurice Rault’s warning that rule of law is a safeguard against both despotism and anarchy, protecting citizens from governmental excesses and ensuring stability in public life. He concluded with a call to both India and Mauritius to ensure that law must always serve justice and that justice must always serve the people.
0 Comments
Thank you for your response. It will help us to improve in the future.