'Indian legal system governed by rule of law, not by rule of bulldozer': CJI Gavai in Mauritius

Chief Justice of India BR Gavai delivers the inaugural Sir Maurice Rault Memorial Lecture 2025 on 'Rule of Law in the Largest Democracy', in Mauritius. (Image: PTI)

Chief Justice of India BR Gavai on Friday reminded that in a democracy, law must act as an instrument of justice and not of arbitrary power. Speaking at the inaugural Sir Maurice Rault Memorial Lecture at the University of Mauritius on his three-day official visit, he 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.”

The CJI drew on his own ruling in the so-called ‘bulldozer justice’ case of 2024, where the Supreme Court condemned demolitions carried out by state authorities as punitive action against accused persons. The bench had ruled that “the executive cannot assume the roles of judge, jury, and executioner simultaneously,” holding that such demolitions violated due process and fundamental rights, particularly the right to shelter under Article 21.

Justice Gavai emphasised that constitutional safeguards and procedural fairness are the very essence of the Rule of Law. “Legality alone does not confer fairness or justice. It is important to remember that just because something is legalised, it does not mean it is just. History offers numerous examples of this painful truth,” he said, citing instances such as slavery and colonial-era penal laws that targeted tribes.

Delivering his lecture on the theme 'Rule of Law in the Largest Democracy' during his three-day official visit, he underlined that the concept has grown far beyond legal texts. “Over the past 75 years since the adoption of the Indian Constitution, the concept of the Rule of Law has evolved far beyond legal texts, permeating social, political, and constitutional discourse alike,” he noted.

Tracing the constitutional journey of independent India, Justice Gavai invoked both Mahatma Gandhi’s talisman and BR Ambedkar’s vision as enduring 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 said.

In his address, the CJI made reference to several landmark rulings of the Supreme Court, beginning with the 1973 Kesavananda Bharati verdict, which introduced the basic structure doctrine and limited Parliament’s power to amend the Constitution. He also cited judgments striking down instant triple talaq, reading down adultery as a criminal offence, and the recent ruling on electoral bonds. These, he explained, showed how the Court has developed the rule of law as a substantive principle, striking down arbitrary and unjust laws.

He reminded his audience of another landmark — the recognition of the right to privacy as a fundamental right. “This articulation underscores that, when understood as a core principle of constitutionalism, 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,” he remarked.

Justice Gavai observed that in the social domain, laws have been instrumental in redressing historical injustices, with marginalized communities invoking the language of rule of law to assert their rights against entrenched oppression. In politics, he said, it has become a yardstick for good governance, standing in contrast to lawlessness and unaccountable institutions.

Describing the principle as a living tradition, he concluded: “The rule of law is thus not a rigid doctrine but a conversation across generations, between judges and citizens, parliaments and peoples, nations and their histories. It is about how we govern ourselves in dignity, and how we resolve the inevitable conflicts of liberty and authority in a democratic society.”

The lecture was delivered in the presence of Mauritius President Dharambeer Gokhool, Prime Minister Navinchandra Ramgoolam, and Chief Justice Rehana Mungly Gulbul, among other dignitaries.