Why this? SC called to address extra-legal demolitions like ‘Bulldozer justice’ at a pan-India level. We have drawn a chronology of SC judgments from 1978 to 2024 so you get comfortable with legal concerns. However, the quick revision table for Legal Principles & Bulldozer violations is the most important takeaway. You can use it for any other form of ‘extra-legal’ justice.
—-
UPSC Syllabus Anchoring:
1. GS1: Indian Society: Communalism, Urbanization, their problems, and remedies.
Note4Students: Understand “Bulldozer Justice” and analyse societal inequalities and communal conflicts in urban contexts. Make value added notes on social challenges and remedies.
Microtheme: Emerging Urban Issues
2. GS2: Polity, Governance, Constitution, and Social Justice: Separation of Powers, Fundamental Rights, Issues related to Poverty and Hunger
Note4Students: Link governance actions to constitutional safeguards, addressing state overreach and rights violations. Strengthen arguments on constitutional rights, governance, and judicial checks. “
Microtheme: Local Self-government, Government Schemes and Policies
3. GS3: Economy, Development, Security: Government Policies and Interventions
Note4Students: Enhance your critique of urban developmental interventions and their socio-economic consequences.
Microtheme: Climate Change Impact, Disaster Risk Reduction, Disaster Preparedness
4. GS4: Ethics, Integrity, and Aptitude: Ethics in Public Administration, Conflict of Interest, Transparency, and Accountability, Case Studies
Note4Students: Build your practical, ethical reasoning in governance-related case studies and dilemmas. Explore ethical dilemmas in public administration, focusing on fairness, accountability, and integrity in governance decisions.
Microtheme : Social influence and persuasion, Attitude for Individuals, Probity in Governance
—-
What is bulldozer justice?
The practice where authorities demolish properties, often bypassing due process and legal procedures. While it is used to curb illegal constructions or encroachments, it raises concerns about constitutional rights, fairness, and the rule of law. The lack of judicial oversight in such actions undermines principles like due process, natural justice, and equal protection under the law.
Critics argue that bulldozer justice disproportionately impacts marginalized communities and violates Article 14 (equality before the law) and Article 21 (right to life and personal liberty) of the Indian Constitution. On the other hand, supporters see it as a swift and effective response to lawlessness and encroachments.
Opinions of Supreme Court:
- Maneka Gandhi vs Union of India (1978): SC ruled that executive actions must be fair, just, and reasonable.
- Municipal Corporation of Ludhiana vs Inderjit Singh (2008): SC held that no demolition can occur without notice and a hearing to the occupant, even in cases of illegal construction.
- Olga Tellis vs Bombay Municipal Corporation (1985): SC stated that eviction without due process violates the right to livelihood under Article 21.
- Punjab and Haryana HC on Nuh Demolitions (2023): The HC stopped the demolitions citing lack of due process and concerns of ethnic targeting.
- Supreme Court bench comprising Justices Bhushan R Gavai and KV Viswanathan (2024):
- Condemned the practice of demolishing properties based solely on accusations or convictions of individuals, stressing the importance of due process and natural justice.
- Emphasized that even in cases of unauthorized construction, demolitions must follow proper legal procedures, underscoring the need for fairness and lawful action.
- Called for the formulation of nationwide guidelines to ensure uniformity in demolition practices across all states, preventing arbitrary actions by authorities.
Legal Principles violated by Bulldozer Justice:
| Legal Principles | Quick Explanation | Violation by Bulldozer Justice |
| Due Process of Law | Law requires fair treatment and legal procedures before action. | Demolitions without legal procedure.No judicial oversight or recourse. |
| Right to Property | Individuals have the right to own and protect property under the law. | Properties demolished without notice.No legal backing for actions taken. |
| Equality Before Law (Article 14) | All individuals must be treated equally by the law. | Marginalized groups targeted.Inconsistent application of law. |
| Rule of Law | Law must govern the actions of both citizens and authorities. | Arbitrary state actions.Legal frameworks bypassed by local authorities. |
| Right to Shelter | Every person has the right to adequate housing and protection. | People left homeless.No rehabilitation or alternative shelter provided. |
| Natural Justice | Fairness in legal processes with an opportunity to be heard. | No fair hearings before demolition.No opportunity to defend or appeal. |
| Separation of Powers | Clear division between judicial, executive, and legislative powers. | Municipal authorities exceed powers.Judiciary’s role in oversight bypassed. |
| Proportionality Principle | Government actions must be proportionate to the offense committed. | Collective punishments via demolitions.Excessive response to minor or alleged offenses. |
What should be done?
- UN Guidelines: The United Nations Basic Principles and Guidelines on Development-based Evictions and Displacement (2019) provide humanitarian directives, yet court rulings have been inconsistent and piecemeal which needs a comprehensive approach.
- Exceptional Circumstances: Demolitions should only occur in exceptional cases and must adhere strictly to established legal processes.
- Need for Proposed Phased Procedures:
- Pre-Demolition Phase: Provide a reasoned notice with details on land records and resettlement plans, allowing adequate time for responses.
- During Demolition Phase: Requires the presence of neutral government officials during demolitions.
- Rehabilitation Phase: Need to establish a swift mechanism for affected persons to challenge demolition decisions and seek remedies such as compensation and restitution.
Back2Basics
Justice
Justice is the maintenance of what is just and fair. In the modern state, justice implies ensuring and protecting minimum rights and entitlement for all.
“Injustice anywhere is a threat to justice everywhere.” – Martin Luther King Jr.
“A democracy cannot thrive where power remains unchecked and justice is reserved for a select few. Ignoring these cries and failing to respond to this movement is simply not an option — for peace cannot exist where justice is not served.” – John Lewis
Types of Justice:
