Chief Justice of India (CJI) BR Gavai has said that the Supreme Court’s ruling against “bulldozer justice” reaffirmed the role of constitutional rights in protecting not just liberty, but also the dignity and material well-being of citizens.
Speaking at Milan Courts in Italy on the topic “Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian Constitution”, the CJI stressed that arbitrary demolitions violate the rule of law and the fundamental right to shelter under Article 21.
CJI Gavai cited the Supreme Court’s observation that a house represents not just property, but the result of years of effort and a family’s hope for security and stability. “A house is not just a structure but a dream,” he said.
He warned that the executive cannot act as judge, jury, and executioner.
Court Bars Demolitions Without Due Process
Directions in the matter of demolition of structures, the Supreme Court examined the practice of demolishing homes and properties of accused persons before any conviction by a court.
In November last year, a Bench led by Justice B.R. Gavai and Justice K.V. Viswanathan issued pan-India directions on demolitions of unauthorised structures.
The court ruled that state authorities must not flout its directives. Any violation would amount to criminal contempt and attract prosecution.
The apex court, invoking Article 142 of the Constitution, directed that no demolition shall be carried out without a prior show-cause notice. Also, any demolition order must not be executed for 15 days and must be published on a designated digital portal to be maintained by municipal and local bodies.
Court Defines Clear Exemptions
The Bench clarified that its guidelines on demolitions will not apply in certain cases. These include unauthorised structures on public roads, streets, footpaths, railway lines, river banks, or water bodies.
The guidelines will also not apply where a court of law has already passed a demolition order.
CJI Gavai’s remarks reiterated the court’s stand that constitutional protections must extend beyond legal formality. They must ensure dignity, security, and shelter, upholding both the spirit and letter of the law.
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