Chief Justice of India (CJI) Bhushan Ramkrishna Gavai. (PTI file photo)
NEW DELHI: In times when the line between power and law is often blurred, Chief Justice of India B R Gavai reminded an audience in Mauritius that the Indian republic rests not on the “rule of the bulldozer” but on the rule of law. Speaking at the Sir Maurice Rault Memorial Lecture, he recalled the Supreme Court’s own verdict deprecating “bulldozer justice”, a phrase that has come to symbolise the dangers of the executive acting as “judge, jury, and executioner.”CJI Gavai on Friday underscored that India’s legal system operates under the rule of law, not “by the rule of the bulldozer.” Speaking at the inaugural Sir Maurice Rault Memorial Lecture 2025 in Mauritius on ‘Rule of Law in the Largest Democracy,’ Justice Gavai referenced his own verdict criticizing the practice of “bulldozer justice”, emphasizing that legal processes cannot be bypassed, and the executive cannot act as judge, jury, and executioner simultaneously.Highlighting the principle of rule of law and its broad interpretation by the Supreme Court, Justice Gavai, on a three-day official visit to Mauritius, 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.”In the verdict on bulldozer justice, the Supreme Court had held that demolishing houses of accused in response to alleged offenses bypasses legal processes, violates the rule of law, and infringes on 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,” he added as quoted by the news agency PTI.Justice Gavai delivered the lecture in the presence of Mauritius President Dharambeer Gokhool, Prime Minister Navinchandra Ramgoolam, and Chief Justice Rehana Mungly Gulbul.He referred to landmark Supreme Court judgments, including the 1973 Kesavananda Bharati verdict that introduced the basic structure doctrine and limited Parliament’s power to amend every part of the Constitution, news agency PTI reported.”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 said.Justice Gavai said that in the social sphere, laws have been enacted to redress historical injustices, and marginalized communities have invoked them, using the language of rule of law to assert rights against entrenched systems of oppression.”In the political arena, the rule of law serves as a benchmark of good governance and societal progress, standing in stark contrast to misgovernance and lawlessness, where institutions and public officials might otherwise evade accountability,” he added.Referring to Mahatma Gandhi and B R Ambedkar, Justice Gavai said their vision showed 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.The CJI cited recent notable judgments, including the one abolishing instant triple talaq among Muslims, as well as rulings on adultery laws and the electoral bond scheme.”Taken together, these four judgments demonstrate how the Supreme Court has developed the rule of law as a substantive principle, using it to strike down laws that are manifestly arbitrary or unjust,” he said.Justice Gavai also emphasized the importance of the judgment that recognized 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 said.He added that the principle has shaped legal discourse, as the Supreme Court repeatedly invokes the rule of law to define its constitutional role as well as the roles of other state branches.”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,” Justice Gavai said. Go to Source
