On the celebration of Independence Day, the Former Chief Justice of India, B.R. Gavai, addressed Parul University’s students with one single message; The Rule of Law. For any student of law, or any citizen, understanding it is essential.
What Is the Rule of Law?
The core rule of law is that a nation is governed by laws, not by the arbitrary will of its rulers. As Justice B.R. Gavai put it, “The rule of law demands that the law govern and not the arbitrary will.” It means that everyone, no matter what their position is subjected to the same law and power is exercised according to rules!
Nobody is above the law, not even the President of India, not even the Prime Minister of India, and not even the judiciary.
– Justice B. R. Gavai, Former Chief Justice of India
He drew on the legal theorist Brian Tamanaha to add two essentials: that government officials and citizens alike are bound by the law, and that there must be institutions to enforce the law when it is breached. A law without enforcement, in other words, is only a promise.
Indian Constitution Protects the Rule of Law!
Our Indian Constitution is designed in a way to protect the rule of law through fundamental rights. Let’s understand each of these.
- Article 14 – Equality Before Law: Every person is equal before the law and entitled to its equal protection.
- Article 19 – Democratic Freedoms: Freedom of speech and expression, peaceful assembly, forming associations or unions, moving freely across the country, residing anywhere in the nation, and practising any profession or business.
- Article 21 – Protection of Life and Personal Liberty: No person may be deprived of life or personal liberty except according to a procedure established by law.
Altogether, these rights ensure that the state can never act against a citizen arbitrarily, only through right and lawful process.
Read more about Former Chief Justice of India B.R. Gavai at Parul University!
When Courts Step In: Checking Arbitrary Power
Justice B.R. Gavai illustrated the rule of law with landmark cases in which the Supreme Court stopped the government from acting unlawfully. In the well-known E. P. Royappa case, concerning a government official removed over the government’s dissatisfaction, the Court held the action wrong, and Justice Bhagwati’s judgment gave the law an enduring line: that equality and arbitrariness are “sworn enemies,” one belonging to the rule of law, the other to the whim of an absolute monarch, so that any arbitrary act violates Article 14. He also cited the Maneka Gandhi case, where the state had impounded a passport without explanation, reinforcing that the state must follow fair procedure.
A Modern Example: The “Bulldozer” Ruling
Justice Gavai discussed one of his own recent judgments, popularly called “Bulldozer Justice.” In some places, authorities had demolished the homes of people merely accused of crimes, without following due legal process. He held this unconstitutional. A home, he noted, belongs not only to an accused person but to their elderly parents, innocent children, and siblings, and it would be wrong to punish an entire family over an accusation against one member. His principle was clear.
The executive cannot be a judge, jury, and executioner at the same time. It cannot be a judge in its own cause.
– Justice B. R. Gavai, on due process
Separation of Powers: Who Checks Whom?
Students at Parul University pressed Justice Gavai on how the rule of law works between the branches of government, and his answers clearly guide them. Making laws, he explained, is Parliament’s job, but if Parliament passes a law that violates constitutional norms or ignores a direct order of the Supreme Court, the judiciary must step in to protect the Constitution. While the Indian Parliament can change the foundation, it can never defy a court order or a law that harms the independence of the judiciary. On courts, he even added that the final written law truly follows the Indian Constitution, and that’s the essence of review: keeping law and balance intact. Inspired already? Start your journey in law with a Bachelor of Law (LL.B.), BA LLB Hons., and Master of Law (LL.M.) in Business and Corporate Law at Parul University.
FAQs
What’s the rule of law?
It simply means that a country is governed by laws at all levels, and it applies to all. As Justice B.R. Gavai explained, nobody is above the law, and power must be exercised according to established rules and not personal whim
Which articles of the Constitution protect the rule of law?
Key protections include Article 14 (equality before the law), Article 19 (six democratic freedoms, including speech, assembly, and movement), and Article 21 (protection of life and personal liberty, which may be taken only through a procedure established by law). Together they prevent the state from acting arbitrarily against a citizen.
What is judicial review?
Judicial review is the power of the courts to examine whether a law or government action complies with the Constitution. As Justice Gavai explained, Parliament makes laws, but if a law violates constitutional norms, the judiciary can strike it down, ensuring that no branch of government exceeds its constitutional limits.
