‘Rule of Law, Not Rule of Bulldozer’: CJI BR Gavai in Mauritius Says Law Must Serve Justice, Not Power

Speaking on “Rule of Law in the Largest Democracy”, CJI Gavai warned that legality alone does not guarantee justice, recalling that even slavery and colonial penal laws were once legal. “Just because something is legalised does not make it just,” he remarked.

He traced India’s constitutional journey through the moral compass of Mahatma Gandhi’s talisman and Dr. B.R. Ambedkar’s constitutional vision, noting that the Rule of Law is “not a mere set of rules” but a moral framework designed to uphold equality, protect human dignity, and guide governance in a diverse democracy.

Referring to his 2024 judgment on illegal demolitions, CJI Gavai said the verdict sent a clear message that India’s justice system is governed “by the Rule of Law, not the rule of the bulldozer.” The case had laid down procedural safeguards against executive overreach where homes of accused persons were demolished as punitive measures.

He said that constitutional and procedural safeguards are vital to ensure that state power is not exercised as a tool of vendetta or punishment, stressing that no authority can act as judge, jury, and executioner.

Paying tribute to Sir Maurice Rault, former Chief Justice of Mauritius, CJI Gavai described him as a jurist who reminded the world that unchecked power corrodes institutions. Quoting Rault, he said, “We did not abolish the divine right of kings to transfer divine rights to ministers.”

He also reflected on Mauritius’s historic ties with India, recalling Mahatma Gandhi’s 1901 visit and his message of education, empowerment, and unity to Indian labourers on the island.

CJI Gavai reviewed landmark Indian Supreme Court judgments including Kesavananda Bharati, Maneka Gandhi, Shayara Bano, Joseph Shine, and the 2024 Electoral Bonds verdict, all of which, he said, reaffirm that arbitrariness is the enemy of equality and justice.

Citing Justice P.N. Bhagwati’s dictum in EP Royappa, he said: “Equality and arbitrariness are sworn enemies; one belongs to the Rule of Law, the other to the whim of absolute power.”

Quoting scholar Upendra Baxi, he said the Indian experience blends procedural and substantive dimensions of the Rule of Law, combining due process with justice-oriented outcomes. The judiciary, he added, has been an “active agent” in this evolution through PILs, directive principles, and the basic structure doctrine.

At the same time, he cautioned against adopting a market-driven global model of the Rule of Law, which risks sidelining vulnerable and subaltern voices.

Concluding on a reflective note, CJI Gavai said, “The Rule of Law is not a rigid doctrine but a conversation across generations; between judges and citizens, parliaments and peoples. It is about how we govern ourselves in dignity and balance liberty with authority.”

The lecture was attended by Mauritius President Dharambeer Gokhool, Prime Minister Navinchandra Ramgoolam, Chief Justice Rehana Mungly Gulbul, and members of the judiciary, diplomatic corps, and legislature.