Supreme Court Justice BV Nagarathna has criticized the trend of using bulldozer demolitions as a form of punitive action, describing it as a stark example of executive excess. Speaking at a legal forum, she emphasized the importance of adhering to constitutional principles and due process of law while addressing alleged violations or criminal activities.
Background:
The use of bulldozers to demolish properties, often in response to alleged illegal activities or as a deterrent against crimes, has become a controversial practice in certain states. These actions are frequently executed without prior notice or sufficient opportunity for the affected individuals to contest the move, raising concerns about violations of fundamental rights.
Critics argue that such demolitions target marginalized groups disproportionately and are often carried out as extrajudicial punishment, bypassing established legal procedures. Supporters, however, claim they serve as a swift deterrent against lawbreakers and reclaim illegally occupied public land.
Justice Nagarathna’s Observations:
- Violation of Due Process:
Justice Nagarathna underscored that demolitions conducted without proper notice or an opportunity for defense amount to a breach of constitutional rights. She stressed that all executive actions must be subject to judicial scrutiny to prevent misuse of power. - Impact on Vulnerable Communities:
Highlighting the potential for selective targeting, she cautioned against actions that disproportionately affect marginalized communities. Such practices risk undermining public trust in the legal and governance system. - Constitutional Safeguards:
Justice Nagarathna reiterated that the Constitution guarantees the right to equality and protection of life and property, making arbitrary demolitions a direct affront to these rights. - Judicial Oversight:
She called for greater judicial oversight in cases where state authorities invoke demolition powers, ensuring that such actions are justified, proportionate, and legally sound.
Implications:
- Strengthening Rule of Law:
The remarks highlight the necessity of reinforcing the rule of law, ensuring that state actions align with constitutional mandates and do not infringe on individual rights. - Curbing Executive Overreach:
Justice Nagarathna’s observations serve as a warning against the unchecked exercise of power by the executive, urging authorities to respect legal procedures. - Judicial Accountability:
Her comments may prompt courts to adopt a more proactive stance in reviewing cases of arbitrary demolitions, providing affected individuals with avenues for legal redress. - Policy Reforms:
The criticism may encourage policymakers to revisit guidelines governing demolitions, mandating stricter adherence to due process and ensuring transparency.
Conclusion:
Justice BV Nagarathna’s critique of bulldozer demolitions underscores the need for balancing state authority with constitutional safeguards. Her call for judicial oversight and adherence to due process serves as a reminder of the judiciary’s critical role in safeguarding fundamental rights against executive overreach. This dialogue is likely to shape future debates on governance and the application of punitive measures in India.