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Chief Justice Gavai Emphasizes Rule of Law in India

In a recent address, Chief Justice B.R. Gavai underscored the significance of the rule of law in India, asserting that governance should be rooted in the Constitution rather than arbitrary power. He criticized practices like 'bulldozer governance' and highlighted the historical injustices faced under colonial laws. Gavai also celebrated the strong ties between India and Mauritius, advocating for justice and equality, and referenced key Supreme Court judgments that have shaped the legal landscape. His remarks serve as a reminder of the ongoing commitment to uphold the principles of justice and fairness in society.
 

Chief Justice Gavai's Address on Rule of Law

Chief Justice of India, B.R. Gavai, emphasized that India is a nation governed by the rule of law, where authority is exercised through the Constitution and legal frameworks, rather than through arbitrary power. Speaking at a memorial lecture on the rule of law in Mauritius, he asserted that everyone, including those in power, must adhere to the law. Acknowledging historical injustices carried out in the name of law, such as slavery and colonial regulations, he stressed that true law upholds justice, equality, and fairness. Chief Justice Gavai also criticized 'bulldozer governance,' stating that demolishing someone's home without due process or a hearing is a violation of the rule of law.


He reiterated that India will be governed by the Constitution, not by bulldozer governance. Furthermore, Chief Justice Gavai praised the deep ties between India and Mauritius, noting that both nations have endured the challenges of colonialism and now stand together as free and democratic societies. Citing Mahatma Gandhi's philosophy, he highlighted the importance of considering the impact of decisions on the poorest and most marginalized individuals. Referring to Dr. B.R. Ambedkar, he mentioned that the Constitution has established careful rules and procedures to prevent the misuse of power and ensure justice for all. He pointed out that the Supreme Court of India has consistently upheld the rule of law, referencing several landmark judgments in this context.


Key Supreme Court Judgments Mentioned by Chief Justice Gavai

Kesavananda Bharati Case (1973): The court ruled that Parliament cannot alter the basic structure of the Constitution.


Maneka Gandhi Case (1978): The court clarified that every law must be just, fair, and reasonable.


Triple Talaq Case (2017): The court declared this practice arbitrary and unconstitutional.


Election Bond Case (2024): The court emphasized the need for transparency in the funding of political parties.