Mauritius: Chief Justice of India B.R. Gavai has declared that the Indian legal system is governed by the rule of law, not by the "rule of the bulldozer". Gavai made these remarks while delivering the inaugural Sir Maurice Rault Memorial Lecture 2025 in Mauritius, commemorating the former Chief Justice of Mauritius. The lecture, titled "Rule of Law in the Largest Democracy," saw the presence of dignitaries including the President of Mauritius, Dharambeer Gokhool, Prime Minister Navinchandra Ramgoolam, and Chief Justice of Mauritius, Rehana Mungly Gulbul.
Gavai referenced a Supreme Court verdict from November 2024, which he authored, that criticized "bulldozer justice". This term refers to the demolition of homes and properties belonging to individuals accused of crimes, often carried out by the executive branch, before any legal process has been completed or guilt has been established. The Supreme Court's 2024 ruling asserted that such actions bypass legal processes, violate the rule of law, and infringe upon the fundamental right to shelter guaranteed under Article 21 of the Indian Constitution. The court explicitly stated that the executive branch cannot simultaneously act as judge, jury, and executioner. Guidelines were established to ensure that demolitions adhere strictly to established legal procedures.
In his address, Chief Justice Gavai emphasized that the rule of law is not merely a set of rules, but an ethical and moral framework designed to uphold equality, protect human dignity, and guide governance in a diverse society. He drew upon the visions of Mahatma Gandhi and B.R. Ambedkar, noting their contributions to the evolution of the rule of law in India. He also highlighted landmark judgments of the Supreme Court, including the Kesavananda Bharati case, which established the basic structure doctrine, and rulings that abolished instant triple talaq among Muslims, decriminalized adultery, and addressed the electoral bond scheme.
Gavai acknowledged that the rule of law is not a universally accepted concept, but one shaped by political struggles, historical legacies, and cultural values. He pointed to historical examples such as slavery, colonial-era legislation like the Criminal Tribes Act, and sedition laws to illustrate how legality alone does not guarantee fairness or justice. He noted that laws of sedition were often used to suppress resistance against oppressive legal systems.
The Chief Justice further elaborated on the expansive interpretation of the rule of law by the Supreme Court of India, asserting that it 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 also emphasized the importance of the right to privacy as a fundamental right.
Gavai stated that 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 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.
