Legal

SC Guidelines On Demolitions Protect Citizens’ Dignity And Security: CJI Gavai

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 further 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 BR Gavai and Justice KV 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 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.

Also Read: Delhi High Court Orders Status Quo On Batla House Demolitions After Residents Challenge Notices

Ajaypal Choudhary

Recent Posts

Sanskar Bharati Celebrates Guru Purnima In Delhi; Honours Guru-Shishya Tradition With Music & Dance

Sanskar Bharati celebrated Guru Purnima 2025 in Delhi with classical music, dance, and tributes to…

21 mins ago

HM Amit Shah To Inaugurate BJP State Headquarters In Kerala’s Thiruvananthapuram

Union Home Minister Amit Shah will inaugurate the newly constructed BJP state headquarters in Thiruvananthapuram…

27 mins ago

Coast Guard Rescues Two Crew Members From Stranded US Yacht

According to the Ministry of Defence (MoD), the incident occurred on 10 July. The yacht…

33 mins ago

PM Modi To Hand Over 51,000 Appointment Letters At 16th Rozgar Mela

PM Modi will distribute over 51,000 appointment letters to new government recruits across India on…

2 hours ago

PM Carney Vows To Defend Canadian Economy Against Trump’s Tariff Threat

PM Mark Carney reaffirmed his government’s resolve to shield Canadian industries from the impact of…

2 hours ago

NSA Doval Rebukes Foreign Media Over Misreporting Of ‘Operation Sindoor’

At the 62nd IIT-Madras convention, NSA Ajit Doval condemned foreign media coverage of Operation Sindoor,…

3 hours ago