Syllabus
GS Paper 2 – Structure, organization and functioning of the Executive and the Judiciary.
Context
Highlighting the importance of public officials being held accountable, the Supreme Court laid down guidelines to curb illegal demolition of the homes of persons accused in criminal cases.
Source
The Hindu| Editorial dated 15th November 2024
Razing impunity
The Supreme Court of India recently issued pan-India guidelines under Article 142 to ensure due process in property demolitions. These guidelines address the controversial practice of “Bulldozer Justice,” where properties of accused individuals are demolished without following proper legal procedures. By emphasizing constitutional rights, the guidelines aim to uphold the rule of law and protect individual rights against arbitrary state actions.
Supreme Court Guidelines on Bulldozer Justice
- Notice Period:
- A minimum of 15 days’ notice must be provided before initiating any demolition.
- The notice must detail the structure to be demolished and provide specific reasons for demolition.
- Fair Hearing:
- Authorities must schedule a personal hearing, giving the affected party an opportunity to contest or provide clarifications regarding the demolition.
- Transparency in Processes:
- Notifications must be sent to the local Collector or District Magistrate via email, with auto-reply acknowledgments to prevent tampering or backdating.
- Final Order and Grace Period:
- The final demolition order must incorporate the arguments of the owner and provide justifications for demolition.
- A 15-day grace period post-issuance of the final order allows the property owner to challenge it in court or voluntarily remove the structure.
- Documentation and Reports:
- Authorities must create an inspection report and video record the demolition.
- A demolition report listing involved personnel must also be prepared.
- Dual Violation Test:
- When a property houses an accused but also violates municipal laws, authorities must ensure consistency in targeting similar illegal structures to avoid bias.
- Exceptions:
- These guidelines do not apply to unauthorized structures in public spaces like roads, streets, or water bodies, or cases where demolition orders are issued by a court.
Significance of the Guidelines
- Separation of Powers:
- The judiciary emphasized its role in ensuring that executive actions comply with constitutional norms, preventing overreach.
- Upholding the Rule of Law:
- The guidelines stress that due process must precede any punitive action, ensuring no collective punishment without trial.
- Protecting Fundamental Rights:
- The guidelines safeguard the right to shelter under Article 21 and property rights under Article 300A, ensuring citizens are not arbitrarily deprived of their homes.
- Promoting Accountability:
- By mandating public documentation, including videos and reports, the guidelines aim to enhance transparency and accountability among officials.
- Compliance with International Standards:
- The guidelines align with global conventions like Article 87(3) of the Geneva Convention 1949, which prohibits collective punishment.
Concerns with Bulldozer Justice
- Rising Demolitions:
- From 2022 to 2023, over 153,820 homes were demolished, displacing 738,438 people, as per the Housing and Land Rights Network.
- Violation of International Norms:
- Actions like punitive demolitions violate Article 17 of the International Covenant on Civil and Political Rights (ICCPR), which prohibits arbitrary deprivation of property.
- Collective Punishment:
- Demolition drives often target the accused, but they also harm innocent families, imposing disproportionate hardship.
- Instant Justice Concerns:
- Such demolitions are often justified as actions against encroachments but are viewed as state-sanctioned violence, bypassing judicial scrutiny.
Relevant Judicial Precedents
- Maneka Gandhi Case (1978):
- Expanded the scope of “procedure established by law” to include principles of fairness, justice, and non-arbitrariness.
- Olga Tellis Case (1985):
- Recognized livelihood and shelter as integral to the right to life under Article 21, making demolitions without due process unconstitutional.
- KT Plantation Case (2011):
- Established that any deprivation of property under Article 300A must follow a just, fair, and reasonable process.
Challenges in Implementing the Guidelines
- Dependence on Political Will:
- Political motivations often drive demolition as retribution or deterrence, complicating adherence to judicial mandates.
- Culture of Impunity:
- Officials may bypass guidelines, drawing parallels with other issues like mob lynching and hate speech, where enforcement remains inconsistent.
- Weak Oversight:
- In areas with limited judicial oversight, local authorities may still circumvent the guidelines, weakening their impact.
- Need for Cultural Change:
- Changing deep-rooted institutional practices requires long-term reforms, beyond just issuing guidelines.
Way Forward
- Strengthening Rule of Law:
- Ensure that state actions comply with the law, distinguishing between criminal justice and collective punishment.
- Judicial Oversight:
- Establish specialized tribunals to handle property demolition disputes, ensuring timely resolution and judicial review.
- Alternative Dispute Resolution (ADR):
- Promote mediation and arbitration to resolve property disputes amicably, reducing reliance on demolition as a punitive measure.
- Rehabilitation Plans:
- Formulate rehabilitation programs offering alternative housing, livelihood support, and mental health services for affected families.
Conclusion
The Supreme Court’s guidelines on property demolitions reinforce constitutional safeguards, ensuring accountability and protection of fundamental rights. However, their success depends on robust implementation, political will, and institutional reforms. Upholding the rule of law and fostering judicial oversight are essential to prevent arbitrary state actions and build a more just and equitable society.
Related PYQ
Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy? [ UPSC Civil Services Exam – Mains 2014]
Practice Question
Discuss the Supreme Court’s recent guidelines on property demolitions under Article 142. Highlight their significance in upholding constitutional principles and challenges in their implementation? [250 words]
Guidelines for Answering the Question
- Introduction:
- Briefly introduce the concept of “Bulldozer Justice” and its recent scrutiny by the Supreme Court.
- Mention the Article 142 directives aimed at ensuring due process and protecting constitutional rights.
- Body:
- Explain key directives such as notice period, fair hearing, transparency, documentation, and the dual violation test.
- Highlight exceptions where these guidelines are not applicable.
- Emphasize their role in upholding the rule of law and separation of powers.
- Protecting fundamental rights like the right to shelter (Article 21) and property rights (Article 300A).
- Enhancing accountability and transparency in state actions.
- Conclusion:
- Reiterate the importance of these guidelines in maintaining constitutional balance and individual rights.
- Stress the need for robust enforcement mechanisms and judicial monitoring to ensure long-term compliance.