SC Judgment A Clear Message That India Governed By Rule Of Law & Not Rule Of Bulldozer : CJI BR Gavai In Mauritius

Chief Justice of India BR Gavai on Friday delivered the inaugural Sir Maurice Rault Memorial Lecture at the University of Mauritius, where he underscored that the essence of democracy lies in ensuring that law serves justice rather than becoming an instrument of arbitrary power.Speaking on the theme “Rule of Law in the Largest Democracy”, CJI Gavai said:“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. History offers numerous examples of this painful truth," he said, citing the examples of slavery and colonial penal laws targeting tribes.Tracing the Indian constitutional journey, he referred to Mahatma Gandhi's talisman and Dr. B.R. Ambedkar's constitutional vision as moral compasses for governance. “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," he noted.'Not The Rule Of The Bulldozer'CJI Gavai also invoked his own 2024 judgment on illegal demolitions, popularly referred to as the 'bulldozer case'. The Court had laid down safeguards against executive overreach in demolishing homes of accused persons as a punitive measure. Referring to the verdict which emphasised that the executive cannot assume the roles of judge, jury, and executioner simultaneously, CJI said, "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. "He stressed that constitutional and procedural safeguards are integral to the Rule of Law, ensuring that power is exercised fairly and not as a tool of vendetta.Passing Judgment Against 'Bulldozer' Actions Gave Immense Satisfaction : CJI BR Gavai Mauritius Link & Tribute To Sir Maurice RaultAt the outset, the CJI paid homage to Sir Maurice Rault, former Chief Justice of Mauritius, describing him as a jurist who “reminded us that unchecked power corrodes institutions, and that law, not individual will, must remain supreme.”Quoting Rault's warning against excessive discretion, he observed: “We did not abolish the divine right of kings to transfer divine rights to ministers. No official will be allowed to escape censure by saying: 'for such is our good pleasure'.”He also recalled Mauritius' deep connection with India, from shared struggles against colonialism to the enduring influence of Mahatma Gandhi, who had briefly stayed in Mauritius in 1901 and inspired Indian labourers with the message of education, empowerment, and unity.Indian Jurisprudence & Non-ArbitrarinessCJI Gavai reviewed landmark Supreme Court cases, including Kesavananda Bharati, Maneka Gandhi, Shayara Bano, Joseph Shine, and the 2024 verdict striking down the Electoral Bond Scheme. Across these cases, he said, the Court consistently reaffirmed that arbitrariness is anathema to equality and justice. These judgments developed the Rule of Law as a substantive principle, using it to strike down laws that are manifestly arbitrary or unjust.Quoting Justice P.N. Bhagwati's words in EP Royappa, he reminded: “Equality and arbitrariness are sworn enemies; one belongs to the Rule of Law in a republic, while the other to the whim and caprice of an absolute monarch.”Reflecting on Indian jurisprudence, he noted that the Supreme Court has repeatedly invoked the Rule of Law to define its own role and the roles of other constitutional organs. “On an analysis of the jurisprudence, it can be seen that in India, the Rule of Law has animated our legal discourse. The Supreme Court of India has repeatedly invoked its language to legitimise and explain constitutional roles,” he said.Quoting celebrated legal scholar Upendra Baxi, the CJI highlighted how India's experience combines both procedural and substantive dimensions of the Rule of Law. “Professor Baxi distinguishes thin, procedural accounts from thicker, justice-oriented conceptions, and shows how the Indian experience fuses both,” he observed.He stressed that the Indian judiciary has been an “active agent in this project by expanding remedies, using directive principles to inform rights, and developing public interest litigation and the basic-structure doctrine as tools to protect vulnerable persons and to hold government to account.” At the same time, he cautioned against uncritical acceptance of a globalised, market-friendly version of the Rule of Law that risks marginalising subaltern voices.CJI Gavai emphasised that the Rule of Law cannot be treated as a one-size-fits-all formula. “It is not an uncontested, universal doctrine. Each society inherits its own traditions and evolves its own conception, shaped by political struggles, historical legacies, and cultural values.”Concluding, the Chief Justice offered a philosophical reflection:“The Rule of Law is not a rigid doctrine but a conversation across generations, between judges and citizens, parliaments and peoples, nations and...

SC Judgment A Clear Message That India Governed By Rule Of Law & Not Rule Of Bulldozer : CJI BR Gavai In Mauritius

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

LIVELAW NEWS NETWORK

SC Judgment A Clear Message That India Governed By Rule Of Law & Not Rule Of Bulldozer : CJI BR Gavai In Mauritius

LIVELAW NEWS NETWORK

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers