In a significant statement, Chief Justice of India (CJI) BR Gavai on Friday remarked that the Supreme Court's 2024 ruling that it is illegal to arbitrarily demolish houses or resort to 'bulldozer justice' merely because they belonged to people accused of crimes, but not declared guilty, served as a reminder that India is governed by the rule of law.
CJI BR Gavai made the comment while delivering the Sir Maurice Rault Memorial Lecture at Mauritius in memory of the former Chief Justice of Mauritius. He spoke on the theme, 'Rule of Law in the Largest Democracy.'Recounting the Supreme Court's 2024 judgment against 'bulldozer justice', the CJI said,"It was held that the demolition of houses of accused persons in response to alleged offenses bypasses legal processes, violates the Rule of Law, and infringes upon the fundamental right to shelter under Article 21.
It was further held that the executive cannot assume the roles of judge, jury, and executioner simultaneously. Guidelines were thus laid down to ensure that no demolition may take place in the future without strictly following the established legal procedures. 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."
The event also saw the attendance of the President of Mauritius Dharambeer Gokhool, its Prime Minister, Dr. Navinchandra Ramgoolam, the Chief Justice of Mauritius, Rehana Mungly Gulbul, its Attorney General Gavin Patrick Cyril Glover, judges, and members of the Mauritius legislature, among other dignitaries.
In his lecture, Chief Justice Gavai delved into the meaning of law and underlined that the law cannot always be equated to justice
“Legality alone does not confer fairness or justice. It is important to remember that just because something is legalized, it does not mean it is just,” he said."Laws of sedition were often used to suppress resistance against oppressive legal systems," he noted.
"The Rule of Law has matured as a guiding principle for the judiciary, shaping its approach to testing the validity of laws and interpreting constitutional mandates," he added.He also remembered the roles played by Mahatma Gandhi and Dr. BR Ambedkar in the Indian freedom struggle, observing that their actions also helped in the evolution of the rule of law in India.As he closed his address, CJI Gavai noted the deep friendship that India and Mauritius share and called for both nations to ensure that law must always serve justice, and that justice must always serve the people.
Follow us
