CJI BR Gavai in Mauritius lecture stresses that SC judgment reaffirmed India is governed by Rule of Law, not bulldozer rule.
Why in NewsSC judgment reaffirms rule of law in democracy said CJI BR Gavai during his Mauritius lecture . |
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Overview
Delivering his address on “Rule of Law in the Largest Democracy”, CJI BR Gavai invoked India’s constitutional journey shaped by Mahatma Gandhi and Dr. B.R. Ambedkar . He recalled his 2024 “bulldozer judgment” restricting arbitrary demolitions and cited landmark Supreme Court of India rulings including Kesavananda Bharati, Maneka Gandhi and Shayara Bano . He also paid tribute to Sir Maurice Rault, former Chief Justice of Mauritius, for upholding judicial independence .
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Key Aspects
The lecture reflected on constitutional morality, judicial role and the essence of democratic governance :
- Rule of Law safeguards equality, dignity and justice in diverse societies .
- Arbitrary executive demolitions condemned in the 2024 bulldozer case .
- Landmark rulings reaffirm constitutional supremacy against arbitrariness .
- Tribute to Mauritius’ legal legacy and India-Mauritius historical ties .
Legal Insights
The judicial philosophy outlined by CJI BR Gavai connects Indian constitutional safeguards with universal democratic principles :
- Article 14 – Equality before law, arbitrariness violates constitutional morality (EP Royappa) under Indian Constitution .
- Article 21 – Protection of life and liberty, expanded through Maneka Gandhi .
- Article 32 – Right to constitutional remedies ensuring judicial oversight.
- Kesavananda Bharati (1973) – Basic structure doctrine protects Rule of Law .
- Electoral Bonds verdict (2024) – Reinforced transparency and accountability .
Court’s Verdict
Referring to his 2024 ruling, CJI BR Gavai stressed that the Supreme Court of India sent a clear message that democracy rests on the Rule of Law, not the “rule of bulldozer” .
Source – Supreme Court of India
Read also – Indian Constitution
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