India governed by the rule of law, not bulldozer: CJI Gavai

Chief Justice of India Bhushan R Gavai on Friday underscored that the Indian legal system is governed by the rule of law, “not by the rule of the bulldozer”, stressing that legality alone cannot confer justice.

- Utkarsh Anand

“Just because something is legalised, it does not mean it is just,” said the CJI, pointing to historical examples such as slavery, colonial-era legislations like the Criminal Tribes Act, and sedition laws that, he said, once legitimised systemic injustice.

Speaking at the inaugural Sir Maurice Rault Memorial Lecture 2025 in Mauritius, Justice Gavai invoked his own judgment delivered in November 2024 in “Re: Directions in the Matter of Demolition of Structures”. That ruling arose from petitions challenging the executive’s practice of bulldozing homes of accused persons under the guise of municipal law violations, even before guilt was established. The ruling had held that such actions bypass due process, violate the rule of law, and infringe the fundamental right to shelter under Article 21.