Supreme Court Rules Against 'Bulldozer Justice', Citing Due Process, Sets Pan-India Guidelines

“We are a constitutional democracy where the rule of law must prevail, not the notion that might is right," the court ruled.

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In a strong stance against instant “bulldozer justice,” the Supreme Court on Wednesday issued nationwide guidelines, ruling that authorities cannot act as judge and jury to demolish an accused person’s property. A bench of Justices B R Gavai and K V Viswanathan declared that it would be “completely unconstitutional” to demolish a person’s home simply because they are accused or even convicted of a crime.

Justice Gavai, while delivering the verdict, emphasized that seeing women and children forced onto the streets overnight is distressing and unjust. The court directed that no demolition should occur without first issuing a show-cause notice, allowing a minimum of 15 days from the date of service before action is taken. He warned against demolitions targeting specific individuals while sparing others with similar properties, suggesting that such selective action indicates a motive to penalize without trial.

The bench further ordered that all demolition proceedings be recorded on video. It clarified that these guidelines do not apply to unauthorized constructions on public land or cases where a court has already issued a demolition order.

The court also highlighted that accused individuals and even convicts have certain constitutional rights and protections under criminal law. “The state must follow natural justice and due process of law, giving the accused notice and a fair hearing,” the court ruled, adding, “We are a constitutional democracy where the rule of law must prevail, not the notion that might is right.”

Additionally, the Supreme Court clarified that these directions would not apply to unauthorized structures on public land or cases with a court-ordered demolition. The ruling reinforces citizens’ rights to property and shelter, aligning with Article 19 of the Constitution as a fundamental right.