'Not bulldozer justice': CJI Gavai says legal system governed by rule of law

NEW DELHI: In times erstwhile the enactment betwixt powerfulness and instrumentality is often blurred, Chief Justice of India B R Gavai reminded an assemblage successful Mauritius that the Indian republic rests not connected the "rule of the bulldozer" but connected the regularisation of law.

Speaking astatine the Sir Maurice Rault Memorial Lecture, helium recalled the Supreme Court’s ain verdict deprecating "bulldozer justice", a operation that has travel to symbolise the dangers of the enforcement acting arsenic "judge, jury, and executioner.

"CJI Gavai connected Friday underscored that India’s ineligible strategy operates nether the regularisation of law, not "by the regularisation of the bulldozer." Speaking astatine the inaugural Sir Maurice Rault Memorial Lecture 2025 successful Mauritius connected 'Rule of Law successful the Largest Democracy,' Justice Gavai referenced his ain verdict criticizing the signifier of "bulldozer justice", emphasizing that ineligible processes cannot beryllium bypassed, and the enforcement cannot enactment arsenic judge, jury, and executioner simultaneously.Highlighting the rule of regularisation of instrumentality and its wide mentation by the Supreme Court, Justice Gavai, connected a three-day authoritative sojourn to Mauritius, said, "The judgement sent a wide connection that the Indian ineligible strategy is governed by the regularisation of law, not by the regularisation of the bulldozer."In the verdict connected bulldozer justice, the Supreme Court had held that demolishing houses of accused successful effect to alleged offenses bypasses ineligible processes, violates the regularisation of law, and infringes connected the cardinal close to structure nether Article 21.

"It was further held that the enforcement cannot presume the roles of judge, jury, and executioner simultaneously," helium added arsenic quoted by the quality bureau PTI.Justice Gavai delivered the lecture successful the beingness of Mauritius President Dharambeer Gokhool, Prime Minister Navinchandra Ramgoolam, and Chief Justice Rehana Mungly Gulbul.He referred to landmark Supreme Court judgments, including the 1973 Kesavananda Bharati verdict that introduced the basal operation doctrine and constricted Parliament’s powerfulness to amend each portion of the Constitution, quality bureau PTI reported."Over the past 75 years since the adoption of the Indian Constitution, the conception of the Rule of Law has evolved acold beyond ineligible texts, permeating social, political, and law sermon alike," helium said.Justice Gavai said that successful the societal sphere, laws person been enacted to redress humanities injustices, and marginalized communities person invoked them, utilizing the connection of regularisation of instrumentality to asseverate rights against entrenched systems of oppression."In the governmental arena, the regularisation of instrumentality serves arsenic a benchmark of bully governance and societal progress, lasting successful stark opposition to misgovernance and lawlessness, wherever institutions and nationalist officials mightiness different evade accountability," helium added.Referring to Mahatma Gandhi and B R Ambedkar, Justice Gavai said their imaginativeness showed that successful India, "the Rule of Law is not a specified acceptable of rules.""It is an ethical and motivation model designed to uphold equality, support quality dignity, and usher governance successful a divers and analyzable society," helium said.The CJI cited caller notable judgments, including the 1 abolishing instant triple talaq among Muslims, arsenic good arsenic rulings connected adultery laws and the electoral enslaved scheme."Taken together, these 4 judgments show however the Supreme Court has developed the regularisation of instrumentality arsenic a substantive principle, utilizing it to onslaught down laws that are manifestly arbitrary oregon unjust," helium said.Justice Gavai besides emphasized the value of the judgement that recognized the close to privateness arsenic a cardinal right."This articulation underscores that, erstwhile understood arsenic a halfway rule of constitutionalism, the regularisation of instrumentality operates connected some procedural and substantive levels: it restrains arbitrary enactment by the State, guarantees equality earlier the law, and embeds antiauthoritarian accountability crossed each branches and levels of governance," helium said.He added that the rule has shaped ineligible discourse, arsenic the Supreme Court repeatedly invokes the regularisation of instrumentality to specify its law relation arsenic good arsenic the roles of different authorities branches."The regularisation of instrumentality is frankincense not a rigid doctrine but a speech crossed generations, betwixt judges and citizens, parliaments and peoples, nations and their histories. It is astir however we govern ourselves successful dignity, and however we resoluteness the inevitable conflicts of liberty and authorization successful a antiauthoritarian society," Justice Gavai said.