Amid Yogi’s bulldozing, CJI Gavai reminds legal system not governed by bulldozer
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Amid renewed bulldozing of Muslim houses and institutions over the ‘I Love Muhammed’ campaign, with the UP Chief Minister warning that protests would invite unforgettable repercussions, Chief Justice BR Gavai reminded that the Supreme Court ruling that demolitions of the accused by State authorities violate the rule of law and the fundamental right to shelter under Article 21 sent a clear message that the Indian legal system is not governed by rule of the bulldozer.
CJI Gavai, who was speaking at the Inaugural Sir Maurice Rault Memorial Lecture 2025 in Mauritius on the topic Rule of Law in the Largest Democracy, observed that the judiciary in India has consistently invoked the principle of rule of law to justify and explain its constitutional role, and he stressed that the executive cannot usurp the role of judge, jury, and executioner simultaneously.
He said that the court’s decision in the demolition cases underscored the broader understanding of the rule of law, which includes constitutional, criminal, and procedural processes as essential safeguards against arbitrary exercise of authority, and he noted that guidelines were issued to ensure that no demolition could take place in the future without adherence to established legal procedures.
The CJI explained that the judgment went beyond the immediate issue of demolitions and reaffirmed that legal processes are integral to ensuring that power is exercised fairly, justly, and within the limits prescribed by law, and he underlined that the executive must remain bound by the same legal framework that governs all citizens.
He stated that the rule of law in India has always meant non-arbitrariness and dignity as central to constitutionalism, and he added that in Mauritius, under jurists like Sir Maurice Rault, it has meant affirming judicial independence, limiting discretion, and upholding the principle that law, not men, must govern.
Justice Gavai emphasised that while the articulation of rule of law may vary across jurisdictions, there is a shared conviction that law must act as a check on power and as a guarantor of fairness, and he remarked that the differences in application do not diminish but rather enrich the global understanding of the concept.
He described the rule of law as an ever-evolving doctrine which cannot be reduced to a rigid or universal formula, and he insisted that its vitality lies in its adaptability to the democratic traditions and historical experiences of each society.
The CJI paid tribute to Sir Maurice Rault, portraying him as a jurist who embodied justice and fairness, and he also congratulated Justice BR Mungly Gulbul for her appointment as the first woman Chief Justice of Mauritius, which he said was an important milestone in furthering gender equity within the judiciary.
He thanked the Attorney General, the Bar Association, and the Institute for Judicial and Legal Studies of Mauritius for organising the memorial lecture, and he linked India’s and Mauritius’ democratic traditions to the enduring legacy of Mahatma Gandhi, whose 156th birth anniversary was observed on October 2.
Justice Gavai further stated that the rule of law should be understood as a dynamic conversation between generations, between judges and citizens, between parliaments and peoples, and between nations and their histories, and he maintained that its true essence lies in resolving the inherent tensions between liberty and authority in a democratic society.
