Addressing scholars, jurists and government dignitaries, Gavai invoked the Supreme Court’s own judgment curbing extra-judicial demolitions as a demonstration that state power must be subject to legal constraints. He delivered the inaugural lecture on “Rule of Law in the Largest Democracy” during his three-day official visit to Mauritius.
Gavai argued that actions like demolishing the homes of accused persons without due process violate Article 21’s protection of life and liberty. He emphasised that the judiciary had held the executive cannot act as “judge, jury, and executioner” in tandem. The judgment, he said, “sent a clear message that the Indian legal system is governed by the rule of law, not by the rule of the bulldozer.”
The CJI traced the evolution of constitutional jurisprudence in India, pointing to the 1973 Kesavananda Bharati judgment and the doctrine of basic structure as foundational limits on legislative overreach. He highlighted landmark rulings such as those ending instant triple talaq, striking down adultery laws, nullifying electoral bonds, and recognising right to privacy as core examples of how the Court has shaped substantive constitutional values.
Gavai cautioned against equating legality with justice. He cited historical injustices—slavery, colonial penal statutes targeting communities—as evidence that laws may be legal but not just. The core task of constitutional courts, he said, is to preserve fairness, dignity and equality, rather than mere formal compliance.
He drew on the moral visions of Mahatma Gandhi and B. R. Ambedkar to underline that in India, rule of law is not merely a technical legal concept, but an ethical and moral framework that binds governance to values of equality and dignity. In his telling, the rule of law must be dynamic, accommodating social justice, institutional accountability, and democratic legitimacy.
At Mauritius, Gavai also paid tribute to Sir Maurice Rault, former Chief Justice of Mauritius, noting that unchecked discretion corrodes institutions and that law must prevail over individual will. His remarks resonated in a country with shared colonial history and complex ties with India.
The lecture was attended by President Dharambeer Gokhool, Prime Minister Navinchandra Ramgoolam, Chief Justice Rehana Mungly Gulbul, and other dignitaries. During his visit, Gavai held discussions with Mauritius’s political and judicial leadership on deepening cooperation in legal education, institutional exchange, and constitutional dialogue.