CJI Gavai Says Legalisation Alone Isn’t Law
Chief Justice of India Bhushan Gavai emphasized during a recent address that mere legalization of a statute does not guarantee it becomes a true law. He argued that legality without justice or fairness is insufficient to uphold the dignity of the Constitution.
Distinction Between Law and Justice
Gavai cited examples of laws that, though legal, lacked moral or equitable content. He distinguished between what is lawful and what is just, indicating that courts must evaluate not only the letter of law but also its impact and legitimacy. He referred to constitutional values and invoked thinkers such as Mahatma Gandhi and B. R. Ambedkar to stress that just laws align with moral and fundamental principles.
Importance of Constitutional Values
According to him, the Constitution’s basic structure doctrine ensures that laws cannot erode core values like equality, dignity, and judicial review. He asserted that courts must examine laws through the lens of constitutional morality, not simply procedural legality.
Implications for Governance
The remarks suggest increased judicial scrutiny over legislative actions. In practice, this may affect controversial statutes, policy decisions, and government regulations, especially where human rights or minority protections are at stake. Legal commentators say this stance reinforces the judiciary’s role as guardian of the Constitution but underscores the tension between legislative power and constitutional boundaries.
