Executive Can’t Become Judge: Supreme Court’s Stand on Bulldozer Action

Aakhir Tak – In Shorts

• The Supreme Court stated that authorities cannot demolish homes without judicial approval.
• Demolishing based solely on accusations is unconstitutional, according to the Court.
• Officials were warned that violations of these norms would result in fines.
• The Court ordered that a 15-day notice and a personal hearing are mandatory.
• A digital record of every demolition notice must be maintained.

Aakhir Tak – In Depth

On Wednesday, the Supreme Court issued a stern warning regarding bulldozer actions, stating that the executive branch cannot assume the judiciary’s role and that demolishing citizens’ homes without proper legal process is unconstitutional. The Court emphasized that merely being accused of a crime does not justify such drastic actions without due process.

The Court outlined that no demolition should proceed without a 15-day notice and a personal hearing. A digital portal will be established to track demolition notices to ensure transparency and accountability. This order also requires officials to determine if the alleged offense is minor and if partial demolition could suffice.

Justices B.R. Gavai and K.V. Viswanathan, who led the bench, stated that officials who act arbitrarily would be liable for contempt of court. The order further states that if any violations occur, officials would be held accountable for compensation.

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