By reinforcing legal safeguards, the Apex Court seeks to restore public trust in the justice system and ensure that no citizen is denied their constitutional rights
A historic Supreme Court verdict against “bulldozer justice” promises broad legal, social, and administrative impacts, addressing concerns around the unchecked, high-handed demolition of properties linked to criminal accusations. Such actions have often violated the fundamental tenets of the Indian Constitution. This ruling holds direct implications for BJP-ruled states like Uttar Pradesh, Rajasthan, Madhya Pradesh, Haryana, Assam and the Delhi Municipal Corporation, which have been accused of misusing administrative powers to punish marginalised sections of society without due legal process.
The concept of “bulldozer justice” was notably invented by Uttar Pradesh Chief Minister, Yogi Adityanath, earning him the nickname “Bulldozer Baba” among supporters. The Court’s verdict marks a setback to the UP government, though CM may not express regret for actions nullified by the ruling, which had previously jeopardised the constitutional guarantees afforded to all Indian citizens.
Social Implications Protection of Marginalised Communities: The ruling acknowledges that bulldozer justice has disproportionately impacted marginalised groups. By mandating due process, the Court aims to prevent biased or retaliatory actions against vulnerable communities, promoting equal treatment under the law.
Public Trust in the Rule of Law: By condemning bulldozer justice, the Supreme Court seeks to rebuild public confidence in lawful governance, fostering trust that the state will not bypass legal safeguards to punish alleged offenders.
Awareness and Advocacy: This judgment may empower civil rights groups to challenge arbitrary demolitions, advocating for the rights of those affected by unilateral property destruction. Administrative and Policy Impact.
Reduced Arbitrary Actions: Administrative bodies may now face restrictions against immediate demolition practices that bypass judicial processes, holding them accountable to legal frameworks designed to protect against arbitrary punishment. This could encourage a fairer and more equitable application of laws. Policy Revisions at the State Level: States that have regularly employed demolitions as a form of “bulldozer justice” may need to revisit their policies, ensuring alignment with constitutional rights to property and due process. This could result in tighter guidelines and even statutory changes. Limit on Executive Power: The Court’s disapproval of unilateral demolition reinforces the separation of powers, signaling that executive decisions must strictly adhere to legal boundaries.
Legal and Judicial Consequences Strengthened Due Process: The ruling reaffirms that demolitions must respect due process, requiring legal scrutiny rather than administrative discretion. This will likely lead to the implementation of judicial approval for demolition orders, protecting citizens’ rights against arbitrary state actions.
Increased Judicial Oversight: The ruling could result in heightened court involvement in cases where demolitions serve as punitive responses to alleged crimes, particularly in cases involving minority or marginalised groups.
Pressure for National Guidelines: The Supreme Court suggested nationwide standards for property demolitions related to criminal cases, which could formalise rules for state authorities to follow, reducing current ambiguities.
Supreme Court Guidelines on Demolitions Justices BR Gavai and KV Viswanathan made impactful assertions, noting that demolitions based solely on accusations violate fundamental rights. The Court emphasised the presumption of innocence and mandated a 15-day notice period, allowing tenants or owners time to challenge demolition orders or make necessary arrangements. This highlights the right to shelter under Article 21 of the Indian Constitution.
The Court warned that contempt proceedings could follow violations of these guidelines and responsible officials may face compensation liabilities for restitution. This ruling stemmed from controversial demolitions in Rajasthan and Madhya Pradesh, alongside a Jamiat-Ulama-i-Hind petition challenging demolitions in Delhi’s Jahangirpuri in 2022. Data show that state laws on demolitions were often violated in Uttar Pradesh, a state pioneering “bulldozer justice.”
The Uttar Pradesh Urban Planning and Development Act, 1973, requires a minimum 15-day notice before unauthorised structures can be removed, with a right to appeal. However, the 2022 demolitions, where structures were razed without due process, led to the Jamiat-Ulama-i-Hind’s petition to the Supreme Court.
In another significant instance, former Chief Justice Chandrachud, before his retirement on November 9, and Justices JB Pardiwala and Manoj Misra directed the Uttar Pradesh government to pay Rs 25 lakh as compensation to a man whose home was demolished in 2019 for a road-widening project.
The Court expressed concern over state actions that could potentially use demolitions as selective reprisals, noting that citizens’ voices must not be stifled by the threat of losing their homes. In Rajasthan, demolition laws under Section 245 of the Rajasthan Municipalities Act, 2009, require prior written notice detailing the grounds for eviction.
Following communal tensions in Udaipur, authorities issued a quick notice before demolishing a house on alleged forest land encroachment, contravening local law requirements for a reasonable response period. Section 91 of the Rajasthan Forest Act, 1953, restricts eviction orders to be issued only by a Tehsildar.
The Madhya Pradesh Municipalities Act, 1961, stipulates that any unauthorised building alteration or construction may be removed, but only after notice. However, this was ignored when a labourer’s home was demolished immediately after his son’s arrest, raising rights violation concerns.
Under the Delhi Municipal Corporation Act, 1957, the commissioner can remove illegal structures but must give reasonable opportunity for owners to dispute the action.
The Jahangirpuri incident in 2022 highlighted the need for due process, intensifying scrutiny on such practices. In Haryana, demolitions are governed by Section 261 of the Haryana Municipal Corporation Act, 1994, which mandates a notice period with an opportunity to contest. However, after communal violence in Nuh in 2023, authorities demolished over 440 structures, mostly affecting Muslim households. Although similar to Delhi’s DMC Act, Haryana’s compliance period is notably shorter—only three days, leaving owners little time for appeals.
Strengthening Accountability: The Supreme Court’s new guidelines aim to check arbitrary demolitions and uphold legal protections, particularly for vulnerable tenants. These regulations emphasise that adequate notice, transparency, and due process must be integral to any demolition order.
While state laws vary, adherence to these guidelines will be essential in ensuring that demolitions respect both legal and constitutional rights, strengthening administrative accountability.
A Fundamental Shift in the Justice System: The Supreme Court of India’s recent ruling against “bulldozer justice” was a response to cases where properties of individuals accused of crimes, especially those involving communal violence, were demolished without legal due process.
The Court underscored that demolitions must be legally justified and cannot bypass established procedures. It criticised this practice for disproportionately impacting marginalised communities, violating human rights, and eroding public trust. In essence, this ruling reaffirms the constitutional right to due process, expected to curb the trend of using demolitions as extrajudicial punitive measures. The ruling marks a shift toward a justice system grounded in fairness, procedure, and accountability.
(The author is a political analyst and strategic affairs columnist; views are personal)
