New Delhi, June 19: Chief Justice of India (CJI) B.R. Gavai strongly criticized the practice of "bulldozer justice," emphasizing that the right to shelter is a fundamental constitutional guarantee, not an act of charity.
Speaking at the 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,” CJI Gavai said arbitrary demolitions that bypass due legal process undermine the rule of law and violate Article 21 of the Indian Constitution, which guarantees the right to life and shelter.
Quoting a Supreme Court verdict, he noted: “For an average citizen, building a home is the result of years of hard work and embodies the aspirations of a family for stability and a secure future.” He warned that executive overreach—where authorities act as judge, jury, and executioner—cannot be tolerated.
The Supreme Court, in the case Re: Directions in the matter of demolition of structures, had examined state actions demolishing the homes and properties of individuals accused of crimes, often before any court conviction.
In a judgment delivered last November, a Bench led by then Justice Gavai and Justice K.V. Viswanathan issued pan-India guidelines to prevent unlawful demolitions. These include mandatory prior notice, a 15-day waiting period before executing any demolition order, and transparency through digital publication on local authority portals.
The court also clarified that these directions do not apply to illegal structures on public land such as roads, railways, or water bodies, or where demolition orders are issued by a court.
The Bench warned that any violation of these directives by authorities would attract criminal contempt proceedings.
