
In a landmark reminder to uphold judicial authority, India’s Supreme Court recently warned state governments and executive bodies against engaging in extrajudicial demolitions, often referred to as “bulldozer actions,” targeting alleged encroachers. The Court emphasized that guilt cannot be determined by the executive; rather, it is a judicial decision grounded in due process.
Responding to complaints of unlawful demolitions in states like Uttar Pradesh and Madhya Pradesh, the Court framed new rules to prevent misuse of power in such operations. These rules require a legal notice period and judicial approval before any demolition, aiming to protect citizens’ rights to fair legal procedures. The Court also underscored the importance of rehabilitation efforts, especially for those economically vulnerable, who are most impacted by sudden evictions.
This directive is seen as a significant check on the executive’s authority, advocating for accountability and emphasizing the importance of lawfulness over swift punitive actions. Legal experts consider this a step towards maintaining the balance of power and ensuring that the judiciary remains the primary arbiter of justice.