Indian legal system governed by Rule of Law, not rule of bulldozer: CJI BR Gavai in Mauritius
Chief Justice of India (CJI) BR Gavai on Friday remarked that the Supreme Court's 2024 ruling that it is illegal to arbitrarily demolish houses or resort to 'bulldozer justice' merely because they belonged to people accused of crimes, but not declared guilty, served as a reminder that India is governed by the rule of law.
Recounting the Supreme Court's 2024 judgment against 'bulldozer justice', the CJI said,
"It was held that the demolition of houses of accused persons in response to alleged offenses 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."
CJI BR Gavai made the comment while delivering the Sir Maurice Rault Memorial Lecture at Mauritius in memory of the former Chief Justice of Mauritius. He spoke on the theme, 'Rule of Law in the Largest Democracy.'
The event also saw the attendance of the President of Mauritius Dharambeer Gokhool, its Prime Minister, Dr. Navinchandra Ramgoolam, the Chief Justice of Mauritius, Rehana Mungly Gulbul, its Attorney General Gavin Patrick Cyril Glover, judges, and members of the Mauritius legislature, among other dignitaries.
In his lecture, Chief Justice Gavai delved into the meaning of law and underlined that the law cannot always be equated 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.
To illustrate, he cited the examples of slavery, which used to be legal in the United States of America; colonial-era laws that criminalized entire tribes in India; laws across the world that penalized indigenous peoples and marginalized communities; and even the misuse of sedition laws.
"Laws of sedition were often used to suppress resistance against oppressive legal systems," he noted.
He drew a distinction between such technical legality and the rule of law. He noted that to further the rule of law, new laws were enacted in India to correct historical injustices and ensure that public institutions and officials are held more 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.
He also remembered the roles played by Mahatma Gandhi and Dr. BR Ambedkar in the Indian freedom struggle, observing that their actions also helped in 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.
The CJI went on to speak of several landmark judgments passed by the Supreme Court of India, aimed at upholding the rule of law. The rulings he cited included Chiranjit Lal Chowdhuri v. Union of India, the Kesavananda Bharati case, the EP Royappa case, the Maneka Gandhi v. Union of India case, the Court's decision to declare the practice of instantaneous triple talaq unconstitutional, and the declaration of right to privacy as a fundamental right in Puttaswamy v. Union of India.
Referring to the Puttaswamy judgment, CJI Gavai added,
"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."
During his lecture, the CJI invoked the legacy of Sir Maurice Rault as well, who had warned that the rule of law is like a citadel that not only guards people against despotism, but also the government against anarchy.
As he closed his address, CJI Gavai noted the deep friendship that India and Mauritius share and called for both nations to ensure that law must always serve justice, and that justice must always serve the people.