NEW DELHI: Chief Justice of India BR Gavai on Saturday underscored that the Supreme Court’s ruling against the demolition of accused persons’ homes reinforced the principle that India is governed by the rule of law, not 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.”
Referring to the landmark judgment, the CJI said the Court held that demolitions carried out by State authorities violated the fundamental right to shelter under Article 21.
“The executive can’t assume the roles of judge, jury, and executioner simultaneously,” CJI Gavai observed.
He added that the judgment laid down clear guidelines to ensure no demolition is carried out in the future without strictly following due legal procedures.
Highlighting the constitutional mandate of the judiciary, the CJI noted that the Supreme Court has consistently invoked the Rule of Law to justify and explain its function within India’s constitutional framework.
“The various processes enshrined in constitutional law, criminal law, and procedural law are themselves important facets of the Rule of Law. These processes regulate executive power, ensuring that authority is exercised fairly, justly, and within the bounds of law,” he said.
CJI Gavai emphasised that the rule of law is not a rigid or universal formula but an evolving concept shaped by society and history.
In India, it represents non-arbitrariness and human dignity as core to constitutionalism. In Mauritius, under jurists like Sir Maurice Rault, it has stood for judicial independence, limiting discretion, and ensuring that law, not individuals, governs.
Despite these variations, he stressed, the shared conviction remains that law must check power and guarantee fairness.
Tribute to Sir Maurice Rault & Mauritius Judiciary
The CJI paid rich tribute to Sir Maurice Rault, describing him as a jurist who embodied justice and fairness. He also congratulated Justice BR Mungly Gulbul, the first woman Chief Justice of Mauritius, and thanked the Attorney General, the Bar Association, and the Institute for Judicial and Legal Studies for hosting the event.
Linking India’s and Mauritius’ democratic values, Justice Gavai recalled the legacy of Mahatma Gandhi, whose 156th birth anniversary was observed on October 2.
Calling the rule of law a “conversation across generations,” the CJI said it is not merely a doctrine but a framework that shapes how societies govern themselves.
“It is about how we govern ourselves in dignity, and how we resolve the inevitable conflicts of liberty and authority in a democratic society,” he concluded.
