CJI B R Gavai said the SC judgment on house demolitions of accused persons reaffirmed citizens’ rights, stressing that bulldozer justice violates due process and the rule of law.
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PANAJI: Chief Justice of India (CJI) B R Gavai, speaking at a felicitation function organised by the Goa High Court Bar Association in Panaji, reaffirmed the Supreme Court’s stand on protecting constitutional rights and upholding the rule of law.
The CJI reflected on two landmark judgments of the Supreme Court, the prohibition of “bulldozer justice” and the principle of creamy layer within reserved categories. His remarks highlight the judiciary’s role as the guardian of citizens’ rights and the Constitution.
CJI Gavai recalled the Supreme Court ruling that strongly condemned the demolition of houses of accused persons without due process. The bench, headed by him, had laid down pan-India guidelines ensuring that the executive cannot act as judge and executioner.
“I am really happy that we could do something as a custodian of the Constitution for protecting the rights of citizens whose houses were demolished without following the procedures of law,”
CJI Gavai said.
The court observed that:
- Houses were being demolished even before trials began.
- Family members, who had no role in the alleged offences, were being punished unfairly.
- Even convicted individuals are entitled to the protection of the rule of law.
By preventing arbitrary executive actions, the Supreme Court upheld the doctrine of separation of powers, a cornerstone of the Indian Constitution.
CJI Gavai emphasised that allowing the executive to take over judicial powers would undermine democracy itself.
“If the executive is permitted to be the judge, then we will be hitting at the very concept of separation of power,”
he said.
This principle ensures that the executive, legislature, and judiciary function independently while acting as checks and balances against each other.
Referring to his significant judgment on the sub-classification within the Scheduled Castes and the creamy layer, CJI Gavai explained the reasoning behind it, even though he faced criticism from members of his own community.
He said he wrote the judgment based on law and conscience, not public pressure.
The CJI illustrated the disparity by comparing children from different socio-economic backgrounds:
- A child of an IAS officer studying in the best schools in Delhi or Mumbai cannot be equated with
- A child of a mason or agricultural labourer studying in a village Zilla Parishad school.
“Article 14 of the Constitution does not mean equality among unequals. Unequal treatment must be given to unequals so that they can become equals,”
he explained.
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