CJI BR Gavai at Milan Court of Appeal highlights Supreme Court ruling against bulldozer justice and unlawful demolitions.
SUPREME COURT SLAMS BULLDOZER JUSTICE PRACTICE
Case in NewsThe Supreme Court slams bulldozer justice stating the executive can’t be judge, jury, executioner. |
Case Overview
Case Name – In Re : Directions in the matter of demolition of structures (2023)
In 2023, the Supreme Court of India led by a bench headed by CJI BR Gavai addressed the legality of state-authorized demolitions of private properties belonging to accused persons, often termed bulldozer justice . This landmark ruling was recently highlighted by CJI BR Gavai during his address at the Milan Court of Appeal on June 18, 2025 . He emphasized that such actions, carried out without judicial determination of guilt, breach constitutional safeguards and fundamental rights .
Key Aspects
The Court scrutinized state practices of demolishing homes as a form of pre-conviction punishment .
It stressed the need for adherence to constitutional procedures and judicial oversight before executing such drastic actions .
- State demolished properties of individuals accused in criminal cases without judicial approval .
- Actions taken before any conviction violated principles of natural justice .
- Authorities bypassed legal process denying individuals a fair hearing .
- The demolitions disproportionately impacted vulnerable communities .
Legal Insights
The Court applied the following constitutional and legal principles :
- Article 14 of the Constitution of India – ensured equality before law; arbitrary demolitions breached this right .
- Article 21 – guaranteed the right to life and personal liberty which includes the right to shelter; pre-trial demolitions violated this .
- Principle of Natural Justice – state cannot punish without giving an opportunity of hearing .
- Rule of Law – executive must follow due process; cannot assume judicial powers .
Court’s Verdict
The Supreme Court of India declared that bulldozer justice is unconstitutional . It ruled that any demolition must be carried out strictly in accordance with legal procedure and not as a retaliatory measure . CJI BR Gavai reaffirmed that the executive cannot function as judge, jury and executioner and constitutional protections must shield every citizen—especially the vulnerable .
Sources- Supreme Court of India
Also read – Article 14 of the Constitution of India
