CJI B.R. Gavai warns against illegal demolitions, calling them a violation of Article 21. Supreme Court mandates due process and notice before any demolition.
New Delhi: Today, on June 19, Chief Justice of India (CJI) B.R. Gavai, while speaking in Milan, Italy, at the Milan Courts on the theme
“Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian Constitution”,
strongly emphasised that the Indian Constitution plays a vital role in protecting the dignity, safety, and economic well-being of every citizen, beyond just safeguarding civil liberties.
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During his speech, CJI Gavai referred to a recent judgment by the Supreme Court of India that firmly criticised the practice of illegal demolitions, commonly referred to as “bulldozer justice”.
He said that such actions, where authorities demolish homes without following proper legal procedures, are a direct violation of the rule of law and the fundamental right to shelter under Article 21 of the Constitution of India.
He stated,
“For an average citizen, the construction of a house is often the culmination of years of hard work, dreams, and aspirations. A house is not just a property but embodies the collective hopes of a family or individuals for stability, security, and a future.”
Highlighting the importance of legal procedure, the Chief Justice added,
“The executive cannot become judge, jury, and executioner all at once.”
CJI Gavai was referring to the landmark case In Re: Directions in the matter of demolition of structures, in which the Supreme Court took a strong stand against state authorities who had been demolishing houses and properties of individuals accused of crimes—even before any court had found them guilty.
The court noted that such practices amounted to punishing a person without trial, which goes against the basic principles of justice and constitutional values.
Back in November, a bench of the Supreme Court comprising then Justice B.R. Gavai and Justice K.V. Viswanathan laid down clear, nationwide rules to prevent such unauthorised and arbitrary demolitions.
These guidelines were meant to ensure that no citizen’s property is destroyed without a proper legal process.
The court used its special powers under Article 142 of the Constitution to mandate that no demolition should be carried out without first issuing a show cause notice to the concerned person. Moreover, once a demolition order is issued, it cannot be enforced for at least 15 days.
During this time, the affected individual has a chance to respond or take legal action. In addition, the court directed that such demolition orders must be uploaded on a special digital portal maintained by each local municipal authority to ensure transparency.
Importantly, the court warned that if any state authority disobeys these instructions, they would face criminal contempt and prosecution. This shows the seriousness with which the court intends to enforce these rules.
However, the Bench also made it clear that these new protections would not apply in certain cases.
Specifically, if an unauthorised structure is built on public land like roads, footpaths, railway lines, or over water bodies, or if there is already a court order directing the demolition, then these structures can still be removed without the 15-day delay or digital notice.
Also Read: Supreme Court Slams Uttar Pradesh Government Over “High-Handed” Demolitions in Prayagraj
By reinforcing the constitutional right to shelter and ensuring that demolitions must follow the due process of law, the Supreme Court’s decision marks a significant step toward protecting citizens from arbitrary state action.
The judgment underlines that while maintaining law and order is essential, it cannot come at the cost of fundamental rights and human dignity.
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