Chief Justice of India B.R. Gavai stated that India is a country that believes in the “rule of law.” Governance here is not based on arbitrariness or force, but rather on the Constitution and the law. At the “Rule of Law Memorial Lecture” in Mauritius, Chief Justice Gavai began his speech by recalling the deep ties between India and Mauritius. He noted that both countries have suffered the hardships of colonialism and today are partners as free and democratic societies. He emphasized that law is power, not the arbitrary power of those in power.
Gavai stated that the “rule of law” means that everyone, whether ordinary citizens or those in power, must abide by the law. He noted that injustice has often been perpetrated in the name of law, such as slavery or colonial law, but the true law is one that protects justice, equality, and fairness.
Recalling the Thoughts of Gandhi and Ambedkar
The Chief Justice invoked Mahatma Gandhi and said that before making any decision, one must carefully consider its impact on the poorest and last person in society. Citing Dr. Bhimrao Ambedkar, Gavai said that the Constitution has meticulously laid down rules and procedures to prevent abuse of power and ensure justice for every individual. Gavai said that the Supreme Court of India has always strengthened the “rule of law.” He cited several landmark decisions.
These Supreme Court decisions were mentioned:
Keshavananda Bharati Case (1973): In which the Supreme Court held that Parliament cannot change the basic structure of the Constitution.
Maneka Gandhi Case (1978): In which the Court made it clear that any law must be just, fair, and reasonable.
Triple Talaq Case (2017): In which the Court declared it arbitrary and unconstitutional.
Electoral Bond Case (2024): In which the Court held that transparency is essential in donations to political parties.
India is governed by the Constitution, not by bulldozers.
Referring to his own recent decision, Gavai said that demolishing someone’s house with a bulldozer without a hearing and due process is against the rule of law. He said, “India is governed by the rule of law, not by bulldozers.”