Meanwhile, critics argue that the Supreme Court’s guidelines are being openly flouted, as punitive demolitions continue unabated in BJP-ruled states.
Speaking on the theme “Rule of Law in the Largest Democracy”, CJI Gavai said, “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.”
Referring to his own 2024 judgment on illegal demolitions, popularly known as the ‘bulldozer case’, where the Supreme Court held that the executive cannot act as judge, jury, and executioner.
On November 13, 2024, a bench led by Justice B.R. Gavai and Justice K.V. Viswanathan invoked Article 142 (powers for “complete justice”) to issue pan-India guidelines banning arbitrary demolitions.
“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,” he said, stressing that constitutional safeguards prevent power from becoming a tool of vendetta.
According to the guidelines a show-cause notice must be served at least 15 days in advance via registered post/speed post, detailing violations, evidence, and response time. Copies to District Magistrate and public portal.
Reviewing landmark rulings, including Kesavananda Bharati, Maneka Gandhi, Shayara Bano, Joseph Shine, and the 2024 verdict striking down the Electoral Bond Scheme, CJI Gavai said these judgments consistently affirmed that arbitrariness is incompatible with equality and justice.
Quoting Justice P.N. Bhagwati’s words in E.P. Royappa, he reminded: “Equality and arbitrariness are sworn enemies; one belongs to the Rule of Law in a republic, the other to the whim and caprice of an absolute monarch.”
He noted that history offers numerous examples of this painful truth,” citing the examples of slavery and colonial penal laws targeting tribes.
Paying homage to Sir Maurice Rault, the former Chief Justice of Mauritius, CJI Gavai described him as a jurist who warned that “unchecked power corrodes institutions, and that law, not individual will, must remain supreme.”
Quoting Rault, he recalled, “We did not abolish the divine right of kings to transfer divine rights to ministers. No official will be allowed to escape censure by saying: ‘for such is our good pleasure’.”
Tracing India’s constitutional journey, the CJI invoked Mahatma Gandhi’s talisman and Dr. B.R. Ambedkar’s vision as moral compasses for governance.
“The Rule of Law is not a mere set of rules,” he observed. “It is an ethical and moral framework designed to uphold equality, protect human dignity, and guide governance in a diverse and complex society.”
Drawing on Upendra Baxi’s scholarship, the CJI noted that India’s jurisprudence fuses both procedural and substantive dimensions of the Rule of Law.
He highlighted how the judiciary expanded remedies, invoked directive principles, advanced public interest litigation, and developed the basic-structure doctrine to protect vulnerable groups and hold governments accountable. At the same time, he cautioned against a globalised, market-driven version of the Rule of Law that sidelines subaltern voices.
“The Rule of Law cannot be a one-size-fits-all formula,” he said. “It is shaped by history, politics, and culture. It is not a rigid doctrine but a conversation across generations, between judges and citizens, parliaments and peoples, nations and their histories. It is about governing ourselves with dignity and resolving the conflicts between liberty and authority in a democratic society.”
CJI Gavai expressed confidence that as India and Mauritius strengthen their friendship, they will also renew their commitment to ensuring that law always serves justice, and justice always serves the people.
The lecture was attended by Mauritius President Dharambeer Gokhool, Prime Minister Navinchandra Ramgoolam, Chief Justice Rehana Mungly Gulbul, opposition leaders, parliamentarians, and members of the judiciary and diplomatic community.
Meanwhile, many activists, journalists, opposition leaders, and human rights groups argue that the Supreme Court’s guidelines are being flouted, with punitive demolitions continuing in states such as Assam, Uttar Pradesh, and Madhya Pradesh, targeting Muslims and other marginalised groups.
