Extrajudicial Demolitions Raise Constitutional Concerns on Due Process
Source:Indian Express ↗
Why It Matters
The extrajudicial demolition of properties has become a highly controversial governance issue. It raises profound constitutional questions about fundamental rights, executive overreach, and the critical role of the higher judiciary in checking state-sponsored arbitrary actions.
Summary
The article critiques the rising trend of 'bulldozer justice' in various Indian states, where governments resort to demolishing properties of accused individuals as a form of immediate, extrajudicial punishment. Emphasizing the paramount importance of due process and the rule of law, the author argues that such state-sponsored actions bypass the judicial system, undermine the separation of powers, and threaten constitutional morality. The piece urgently calls upon the Supreme Court of India to decisively end these arbitrary demolitions, curb executive overreach, and restore faith in established legal procedures.
Key Points
- The rising trend of 'bulldozer justice' represents a dangerous shift towards extrajudicial punishment, where the executive branch effectively bypasses the judiciary.
- This practice fundamentally violates the 'Rule of Law' and the 'Due Process of Law' (enshrined in Article 21), which guarantees that no person shall be penalized without a fair legal trial.
- By unilaterally demolishing properties of the accused, state governments are undermining the doctrine of the separation of powers.
- The Supreme Court must decisively intervene to halt these arbitrary demolitions and uphold constitutional morality against executive overreach.
Important Terms
Bulldozer Justice
The punitive state practice of demolishing properties belonging to individuals accused of crimes, often immediately after an FIR, without following established legal procedures or judicial trials.
UPSC context
GS II: Governance & Judiciary. Relates to 'Procedure Established by Law' and judicial guidelines issued in 2024 to curb extrajudicial punishments.
Article 21 of the Indian Constitution
Guarantees that no person shall be deprived of their life or personal liberty except according to procedure established by law. The Judiciary includes 'Right to Shelter' within its ambit.
UPSC context
GS II: Fundamental Rights. Tests the expansion of Article 21 to include shelter and protection against arbitrary state action.
Due Process of Law
A legal requirement that the state must respect all legal rights owed to a person, ensuring procedures are fair, just, and reasonable (as per Maneka Gandhi case, 1978).
UPSC context
GS II: Indian Constitution features. Compares 'Procedure Established by Law' with 'Due Process' in the context of state-led demolitions.
Separation of Powers
A doctrine where the functions of the Legislature, Executive, and Judiciary are distinct. Punishment of an accused is exclusively a judicial function, not an executive one.
UPSC context
GS II: Basic Structure of the Constitution. Tests the boundary between executive administrative actions and judicial punitive powers.
Constitutional Morality
The principle of adhering to the core values and spirit of the Constitution (like Rule of Law and Liberty) rather than just its literal text or popular sentiment.
UPSC context
GS II: Philosophy of the Constitution. Significant for Mains questions on judicial interpretation and upholding individual rights against majoritarianism.
Executive Overreach
When the executive branch exceeds its constitutional mandate, such as by performing judicial functions (adjudicating guilt) or bypassing legislative procedures.
UPSC context
GS II: Separation of Powers & Accountability. Relevant for analyzing the 'balance of power' and 'checks and balances' in Indian governance.
Prelims Trap
The 'Due Process of Law' is explicitly mentioned in Article 21 of the Indian Constitution.
Article 21 explicitly uses 'procedure established by law'. 'Due process' is an American concept that the Supreme Court implicitly read into Article 21 via the 1978 Maneka Gandhi judgment.
Static Concepts Connected
How does 'Due Process' differ from 'Procedure Established by Law'?
- Procedure Established: Originates from the English constitution; a law is valid if it passes legislative procedure, even if it is unfair (strictly followed pre-1978).
- Due Process: Originates from the US Constitution. Asserts that the law itself must be "fair, just, and reasonable" to be valid, expanding judicial review (Maneka Gandhi case).
What is the scope of Article 142 used in the 'bulldozer justice' ruling?
- Complete Justice: Empowers the Supreme Court to pass any decree necessary for doing "complete justice" in any pending cause or matter.
- Pan-India Enforcement: Such decrees are enforceable throughout the territory of India. It is an extraordinary, equitable power used to fill legislative gaps.
Cross-Topic Patterns
Right to Property vs Right to Shelter
Property is a constitutional right (Art 300A), while the SC elevated shelter to a fundamental right (Art 21) in Olga Tellis, altering the legal threshold for arbitrary state demolitions.
Executive Overreach and Rule of Law
State-sponsored demolitions mirror the logic of extrajudicial encounters. Both reflect an executive bypassing judicial scrutiny, directly undermining A.V. Dicey's concept of the Rule of Law implicitly protected by Article 14.
Expect a multi-statement prelims question in 2026 contrasting the Right to Shelter under Article 21 with the Right to Property under 300A.
Linked PYQs · 4
Linked PYQs · 4
- 2023PrelimsGS1
In essence, what does 'Due Process of Law' mean?
- 2018PrelimsGS1
Which of the following are regarded as the main features of the "Rule of Law"? 1. Limitation of powers 2. Equality before law 3. People's responsibility to the Government 4. Liberty and civil rights Select the correct answer using the code given below:
- 2025MainsGS4
"Constitutional morality is not a natural sentiment but a product of civil education and adherance of the rule of law." Examine the significance of constitutional morality for public servant highlighting the role in promoting good governance and ensuring accountability in public administration.
- 2015MainsGS2
Khap Panchayats have been in the news for functioning as extra-constitutional authorities, often delivering pronouncements amounting to human rights violations. Discuss critically the actions taken by the legislative, executive and the judiciary to set the things right in this regard.
