Port Louis (Mauritius): Just because something is legal does not necessarily mean it is just, Chief Justice of India (CJI) B R Gavai said in Mauritius on Friday while delivering the Sir Maurice Rault Memorial Lecture in memory of the former Chief Justice of Mauritius. The CJI was speaking on the theme, ‘Rule of Law in the Largest Democracy.’
“Legality alone does not confer fairness or justice. It is important to remember that just because something is legalized, it does not mean it is just,” he said.
CJI Gavai referred to slavery, which used to be legal in the United States of America; colonial-era laws that criminalized entire tribes in India; laws across the world that penalized indigenous peoples and marginalized communities; and even the misuse of sedition laws.
“Laws of sedition were often used to suppress resistance against oppressive legal systems,” he noted.
He drew a distinction between such technical legality and the rule of law. He noted that to further the rule of law, new laws were enacted in India to correct historical injustices and ensure that public institutions and officials are held more accountable.
“The Rule of Law has matured as a guiding principle for the judiciary, shaping its approach to testing the validity of laws and interpreting constitutional mandates,” he added, according to Bar and Bench.
The CJI also highlighted how the Indian legal system is governed by the “Rule of Law” and not the “Rule of the Bulldozer”.
He referred to the Supreme Court’s 2024 ruling that it is illegal to arbitrarily demolish houses merely because they belonged to people accused of crimes, but not declared guilty.
“It was held that the demolition of houses of accused persons in response to alleged offenses bypasses legal processes, violates the Rule of Law, and infringes upon the fundamental right to shelter under Article 21. It was further held that the executive cannot assume the roles of judge, jury, and executioner simultaneously. Guidelines were thus laid down to ensure that no demolition may take place in the future without strictly following the established legal procedures. The judgment sent a clear message that the Indian legal system is governed by the Rule of Law, not by the rule of the bulldozer,” CJI Gavai said.
Among those present at the event were the president of Mauritius Dharambeer Gokhool, prime minister Dr Navinchandra Ramgoolam and chief justice Rehana Mungly Gulbul.
The Indian Chief Justice payed tributes to Mahatma Gandhi and Dr B R Ambedkar and said: “The vision of Gandhi and Ambedkar demonstrates that in India, the Rule of Law is not a mere set of rules. It is an ethical and moral framework designed to uphold equality, protect human dignity, and guide governance in a diverse and complex society.”
The CJI invoked the legacy of Sir Maurice Rault as well, who had said that the rule of law is like a citadel that not only guards people against despotism, but also the government against anarchy.
