Rule of Law in the Largest Democracy
Chief Justice of India, B R Gavai, spoke on the Indian legal system's foundation on the rule of law, as opposed to "rule of the bulldozer", in the inaugural Sir Maurice Rault Memorial Lecture 2025 in Mauritius.
Case of 'Bulldozer Justice'
- Justice Gavai referenced his verdict condemning the practice of 'bulldozer justice' where demolition of accused individuals’ houses bypasses legal procedures, violating Article 21's fundamental right to shelter.
- He emphasized that the executive cannot act as judge, jury, and executioner.
Historical Context and Landmark Judgements
- The 1973 Kesavananda Bharati verdict introduced the basic structure doctrine, limiting Parliament's amending powers.
- The Supreme Court has progressively developed the concept of the rule of law, embedding it in societal and political discourse.
Rule of Law in Society
- Justice Gavai mentioned laws addressing historical injustices and the role of the rule of law in supporting marginalized communities.
- He highlighted its relevance in good governance, contrasting it against misgovernance and lawlessness.
Vision of Mahatma Gandhi and B R Ambedkar
- Gandhi and Ambedkar's vision portrays the rule of law as an ethical framework promoting equality and human dignity.
Recent Supreme Court Judgements
- Highlighted are cases such as the abolition of instant triple talaq, and challenges to adultery laws and the electoral bond scheme.
- The right to privacy was upheld as a fundamental right, underscoring the rule of law's role in ensuring equality and democratic accountability.
Conclusion
Justice Gavai concluded that the rule of law is a dynamic doctrine facilitating dialogue across generations, maintaining governance in dignity, and resolving democratic conflicts of liberty and authority.
