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The Supreme Court has followed up on its warning against “bulldozer justice” with an order that bans demolitions without its permission anywhere in the country.
Earlier this month, the court had said that it would issue guidelines on demolitions on a “pan-India basis” but it has now clarified that it will issue directives, and not guidelines, and streamline the procedure. The court has categorically said that the executive is running a bulldozer over the laws of the land and that the “executive can’t be the judge”.
Demolitions have continued despite the court’s displeasure and disapproval. The ban ordered by the court now is an interim measure which will be in force till October 1, when it is likely to issue detailed and final instructions.
The court has issued the orders by invoking its special powers under Article 142 of the Constitution which empowers it to act to ensure complete justice in a matter. The most disturbing aspect of bulldozer demolitions is that they are done by governments that have assumed a vigilante role. No law prescribes or allows demolition of property as punishment. But some BJP governments, especially those of Uttar Pradesh, Madhya Pradesh and Haryana, have resorted to demolition of houses and premises as State policy.
There is a communal dimension to it as most demolitions have been directed at properties of Muslims. The Solicitor General of India told the court that it was a false narrative and that the court was being influenced by “outside noises”.
The judges said the “outside noises” would not distract them, and “even if there is one instance of illegal demolition, irrespective of the religion, it is against the ethos of the Constitution.”
The Solicitor General also said that notices had been given two years ago in the case of many demolitions in 2024. But there are credible charges that in many cases, backdated eviction notices were used to justify demolitions. There are also many cases in which the houses of relatives of persons who were alleged to have committed an offence have been demolished.
The court has said that its order does not apply to “unauthorised constructions on public streets, footpaths, abutting railway lines or public spaces”. It is possible that demolitions will still be attempted under the guise of the exceptions spelt out by the court. Strict action should be taken in such cases, including initiation of contempt proceedings.
“Bulldozer justice” amounts to legitimisation of lawlessness and prejudice, and it should have no place in a civilised society governed by a Constitution that assures fundamental rights to life and property to all citizens and disallows violation of these rights without due process.