India governed by the rule of law, not bulldozer: CJI Bhushan R Gavai

CHief justness of bharat Bhushan R Gavai on fri underscored that the native american sound system is governed by the rule of law, “not by the rule of the bulldozer”, stressing that legality alone cannot confer justice.“Just because something is legalised, it does not mean it is just,” said the CJI, pointing to historical examples such as slavery, colonial-era legislations like the Criminal Tribes Act, and sedition laws that, he said, once legitimised systemic injustice.Speaking at the inaugural Sir Maurice Rault Memorial Lecture 2025 in Mauritius, Justice Gavai invoked his own judgment delivered in November 2024 in “Re: Directions in the Matter of Demolition of Structures”. That ruling arose from petitions challenging the executive’s practice of bulldozing homes of accused persons under the guise of municipal law violations, even before guilt was established. The ruling had held that such actions bypass due process, violate the rule of law, and infringe the fundamental right to shelter under Article 21.“The executive cannot assume the roles of judge, jury, and executioner simultaneously,” recalled the CJI, highlighting how the judgment laid down guidelines to ensure no demolition could take place without following the due procedure of law. The judgment further held, he recounted, the various processes enshrined in constitutional law, criminal law, and procedural law are themselves important facets of the rule of law and these processes serve as essential mechanisms to regulate the exercise of executive power, ensuring that authority is exercised fairly, justly, and within the bounds of law.“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,” asserted Justice Gavai.The lecture was attended by several eminent dignitaries, including the President of Mauritius, Dharambeer Gokhool, Prime Minister Navinchandra Ramgoolam and chief justice Rehana Mungly Gulbul.Further, expanding on the philosophical underpinning of the rule of law in India, the CJI drew on the visions of Mahatma Gandhi and Dr BR Ambedkar. “Together, 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,” he said.Ambedkar’s description of Article 32 (right to approach the Supreme Court directly for enforcement of fundamental rights) as the “heart and soul” of the Constitution, he added, was a reminder that law must serve justice, protect the vulnerable, and hold the powerful to account.Justice Gavai also traced the evolution of the principle in Indian constitutional history, noting how the judiciary has interpreted it both as a shield for vulnerable citizens and as a standard for accountable governance. Over the decades, he said, Indian courts have expanded remedies, used directive principles to inform rights, and developed doctrines such as basic structure and public interest litigation to ensure justice and fairness remain central to democracy.“The jurisprudence of Indian courts transcends mere doctrinal exposition, constituting a dialogue on the interplay between law, justice, and democratic governance,” he said.The CJI acknowledged that the rule of law is not a universal or uncontested concept but one shaped by political struggles, historical legacies, and cultural values. “In India, this has meant an insistence on non-arbitrariness and human dignity as central to constitutionalism. In Mauritius, under jurists like Sir Maurice Rault, it has meant affirming judicial independence and ensuring law, not men, governs. These are different articulations but united by a common conviction that law must be a check on power and a guarantor of fairness,” he observed.As India and Mauritius deepen their friendship, Justice Gavai said, they must also renew their shared commitment to the principle that law must always serve justice, and justice must always serve the people.