CJI B R Gavai said India’s legal system is guided by the “rule of law, not the rule of the bulldozer.” Delivering a lecture in Mauritius, he cited key Supreme Court verdicts shaping democracy and rights.
New Delhi: Chief Justice of India (CJI) B R Gavai on Friday said that India’s legal system is based on the rule of law and not on the “rule of the bulldozer.” He was delivering the inaugural Sir Maurice Rault Memorial Lecture 2025 in Mauritius on the theme ‘Rule of Law in the Largest Democracy’.
During his speech, the CJI highlighted how the Supreme Court of India has interpreted and expanded the principle of rule of law over the years, shaping the country’s democratic and constitutional framework.
He 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.”
Justice Gavai referred to his own ruling in the so-called “bulldozer justice” case, where the top court held that demolishing houses of accused persons as a punishment for alleged crimes was unconstitutional.
The Supreme Court had ruled that such demolitions bypass legal processes, violated the rule of law, and infringed upon the fundamental right to shelter under Article 21 of the Constitution.
He reminded that,
“It was further held that the executive cannot assume the roles of judge, jury, and executioner simultaneously.”
The lecture was attended by Mauritius President Dharambeer Gokhool, Prime Minister Navinchandra Ramgoolam, and Chief Justice Rehana Mungly Gulbul, among others.
CJI Gavai went on to cite several landmark judgments of the Indian Supreme Court, including the famous 1973 Kesavananda Bharati case that established the basic structure doctrine, restricting Parliament’s power to amend the Constitution without limits.
He said,
“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.”
Explaining its impact, Justice Gavai said that in society, laws have been created to correct historical wrongs, and marginalized communities have used them to fight for their rights.
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In politics, he noted,
“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 recalled the vision of Mahatma Gandhi and B R Ambedkar, stressing that in India,
“the Rule of Law is not a mere set of rules.”
Instead, he said,
“It is an ethical and moral framework designed to uphold equality, protect human dignity, and guide governance in a diverse and complex society.”
The CJI also highlighted recent important Supreme Court rulings, including the one that abolished instant triple talaq, the decision that struck down the law on adultery, and the verdict on the electoral bond scheme.
He said,
“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.”
Referring to the landmark judgment on privacy, he stressed its importance, stating,
“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.”
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Justice Gavai explained how the concept of rule of law continues to guide constitutional interpretation in India. He said,
“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.”
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