Rule of Law governs Indian legal system; not rule of bulldozer: CJI
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New Delhi: Chief Justice of India B R Gavai on Friday said the Indian legal system is governed by the rule of law and not by "rule of the bulldozer", PTI reported.
Delivering the inaugural Sir Maurice Rault Memorial Lecture 2025 in Mauritius on 'Rule of Law in the Largest Democracy', he referred to his own verdict deprecating 'bulldozer justice'.
Highlighting the principle of the rule of law and its expansive interpretation by the Supreme Court of India, Justice Gavai, who is on a three-day official visit to the island nation, 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." In the judgment in the 'bulldozer justice' case, the apex court held that demolition of houses of the accused in response to alleged offences 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," the CJI 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," he said.
Justice Gavai said in the social sphere, laws have been enacted to redress historical injustices, and marginalised communities have frequently invoked them, and the very language of the rule of law to assert their rights against entrenched systems of oppression.
"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 said. Referring to the contributions of Mahatma Gandhi and B R Ambedkar, Justice Gavai said their vision demonstrated that in India "the Rule of Law is not a mere set of rules".
"It is an ethical and moral framework designed to uphold equality, protect human dignity, and guide governance in a diverse and complex society," he said.