The Rule of Law in India is not just a set of rules, but a moral and social framework that ensures equality, dignity, and good governance, asserts the Chief Justice of India
NEW DELHI – The country’s judicial system operates under the rule of law, and there is no place for bulldozer action, Chief Justice of India (CJI) BR Gavai has said. He said that in a recent Supreme Court judgment, the court had made it clear that using bulldozers against an accused is a violation of the due process of law.
“The government cannot simultaneously be judge, jury, and executioner.” Bulldozer rule violates Article 21 of the Constitution (the right to protection of life and personal liberty), he said.
The CJI, who is on a three-day official visit to Mauritius, was delivering the ‘Inaugural Sir Maurice Rault Memorial Lecture 2025’ on the subject ‘Rule of Law in the Largest Democracy’. During his visit, he met President Dharambeer Gokhool, Prime Minister Navinchandra Ramgoolam and other senior officials on Thursday.
President Gokhool, Prime Minister Ramgoolam, and Chief Justice Rehana Mangli Gulbul were also present during the lecture.
The CJI said that the Rule of Law in India is not just a set of rules, but a moral and social framework that ensures equality, dignity, and good governance. Citing the contributions of Mahatma Gandhi and Dr Bhimrao Ambedkar, he said that their vision demonstrates that the rule of law in a democracy leads society to justice and accountability.
“It is important to remember that just because something is legalised, it does not mean it is just. History offers numerous examples of this painful truth. Slavery, for instance, was once legal in many parts of the world, including the United States of America. In India, colonial legislations such as the Criminal Tribes Act of 1871 branded entire communities and tribes as criminal by birth. Laws across different regions of the world penalised indigenous peoples and marginalised communities, reinforcing systemic injustice. Laws of sedition were often used to suppress resistance against oppressive legal systems,” he said.
The CJI said: “These examples underline that legality alone does not confer fairness or justice. This crucial distinction forms one of the foundations of the Indian Constitution.”
The Supreme Court delivered its verdict on the bulldozer action in November 2024. The court had said that officers cannot become judges. They should not decide who is guilty. The bench also stated that any demolition without 15 days’ notice would require rebuilding at the officer’s expense. The court also issued 15 guidelines.
Earlier, on September 24, CJI Gavai had said that he was extremely satisfied with the order against the bulldozer action. “There was a humanitarian aspect to this decision. A family cannot be harassed simply because a member of that family is a criminal,” Gavai had said.
“Justice KV Vishwanathan was also on the bench with me. Although most of the credit has been given to me, I also want to say that Justice Vishwanathan should also be credited for writing this decision,” he said.
