CJI Gavai invoked Gandhi’s philosophy, stating that any resolution ought to think about its influence on the poorest and most marginalised people. Referring to Ambedkar, he stated the Structure has fastidiously laid out guidelines and procedures to forestall misuse of energy and guarantee justice for all.
Chief Justice of India, BR Gavai, emphasised that India is a rustic ruled by the “rule of legislation,” the place governance is carried out by way of the Structure and legislation, not by arbitrariness or energy. Talking on the “Rule of Legislation Memorial Lecture” in Mauritius, CJI Gavai stated each individual, together with these in energy, should obey the legislation.
He acknowledged that traditionally, injustice has been dedicated within the identify of legislation, equivalent to slavery or colonial legal guidelines, however emphasised that actual legislation is that which upholds justice, equality and equity.
CJI Gavai additionally rebuked the ‘bulldozer rule’, asserting that demolishing somebody’s residence and not using a listening to or authorized process violates the rule of legislation.
“India might be run by the Structure, not by bulldozer rule,” he stated.
CJI Gavai hails India-Mauritius relation
CJI Gavai additionally hailed the deep relationship between India and Mauritius. He famous that each nations have endured the hardships of colonialism and now stand collectively as free and democratic societies.
Remembering Gandhi and Ambedkar
Chief Justice Gavai invoked Mahatma Gandhi’s philosophy, stating that any resolution ought to think about its influence on the poorest and most marginalised people. Referring to BR Ambedkar, he stated the Structure has fastidiously laid out guidelines and procedures to forestall misuse of energy and guarantee justice for all. He highlighted that the Supreme Court docket of India has at all times upheld the rule of legislation. He additionally cited a number of landmark judgments on this regard.
Key SC rulings talked about by CJI Gavai
Kesavananda Bharati Case (1973): The Court docket dominated that Parliament can’t alter the essential construction of the Structure.
Maneka Gandhi Case (1978): The Court docket clarified that each legislation should be simply, truthful and cheap.
Triple Talaq Case (2017): The Court docket declared the follow arbitrary and unconstitutional.
Electoral Bonds Case (2024): The Court docket emphasised the necessity for transparency in political social gathering funding.