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CJI Gavai in Mauritius Reasserts Rule of Law Over ‘Bulldozer’ Justice

Citing the Supreme Court’s 2024 demolition ruling, he told Mauritian leaders that constitutional safeguards must check executive power.

Overview

  • He delivered the inaugural Sir Maurice Rault Memorial Lecture at the University of Mauritius during a three-day official visit attended by Mauritius’ president, prime minister and chief justice.
  • He declared that governance cannot rest on punitive demolitions, invoking his 2024 ruling that condemned so-called ‘bulldozer’ actions.
  • The judgment found such demolitions bypass legal process, violate the Article 21 right to shelter, and allow the executive to act as judge, jury and executioner.
  • He traced a jurisprudential line through Kesavananda Bharati, Maneka Gandhi, privacy, triple talaq, adultery and the electoral bond decision to show how arbitrariness is curtailed.
  • He cast the rule of law as an ethical framework grounded in dignity, referenced Gandhi and Ambedkar, and cautioned against market-friendly models that marginalize subaltern voices.