Chief Justice of India, BR Gavai, emphasised that India is a country governed by the “rule of law,” where governance is carried out through the Constitution and law, not by arbitrariness or power. Speaking at the “Rule of Law Memorial Lecture” in Mauritius, CJI Gavai said every person, including those in power, must obey the law.
He acknowledged that historically, injustice has been committed in the name of law, such as slavery or colonial laws, but emphasised that real law is that which upholds justice, equality and fairness.
CJI Gavai also rebuked the ‘bulldozer rule’, asserting that demolishing someone’s home without a hearing or legal procedure violates the rule of law.
“India will be run by the Constitution, not by bulldozer rule,” he said.
CJI Gavai hails India-Mauritius relation
CJI Gavai also hailed the deep relationship between India and Mauritius. He noted that both countries have endured the hardships of colonialism and now stand together as free and democratic societies.
Remembering Gandhi and Ambedkar
Chief Justice Gavai invoked Mahatma Gandhi’s philosophy, stating that any decision should consider its impact on the poorest and most marginalised individuals. Referring to BR Ambedkar, he said the Constitution has carefully laid out rules and procedures to prevent misuse of power and ensure justice for all. He highlighted that the Supreme Court of India has always upheld the rule of law. He also cited several landmark judgments in this regard.
Key SC rulings mentioned by CJI Gavai
Kesavananda Bharati Case (1973): The Court ruled that Parliament cannot alter the basic structure of the Constitution.
Maneka Gandhi Case (1978): The Court clarified that every law must be just, fair and reasonable.
Triple Talaq Case (2017): The Court declared the practice arbitrary and unconstitutional.
Electoral Bonds Case (2024): The Court emphasised the need for transparency in political party funding.
