Answer

Recently, the Supreme Court, under Article 142 of the Constitution, established guidelines for property demolitions, mandating the issuance of personal notices and providing sufficient time for appeals. The Court highlighted the issue of bulldozer justice, deeming it unacceptable under the Rule of Law in its recent judgement.

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Bulldozer Justice: Clash between Administrative Efficiency and Constitutional Rights

• Erosion of Due Process: Bulldozer justice often bypasses legal procedures like proper notice or a chance to defend, challenging the right to fair trial enshrined in the Constitution.
  For example: In recent demolitions, families received minimal notice, violating Article 21 which protects the right to life and personal liberty.
• Presumption of Innocence Ignored: This practice contradicts the presumption of innocence, where individuals are treated as guilty without trial or conviction, violating the rule of law.
  For example: In Uttar Pradesh, properties were demolished based solely on accusations without solid evidence, disregarding legal standards of proof.
• Encouragement of Collective Punishment: Demolitions impact not only the accused but also families and communities, violating the principle against collective punishment.
  For example: In Madhya Pradesh, demolitions left families homeless due to one member’s alleged involvement, affecting innocent dependents.
• Undermining Separation of Powers: Bulldozer justice blurs executive and judicial roles, as administrative bodies execute punishments meant for courts violating article 50.
  For example: Demolishing properties without court directives shows authorities acting beyond their scope, infringing on the judiciary’s role.
• Against principle of natural justice: As highlighted by the Supreme court, Absence of proper notice or hearing violates the principles of natural justice leaving them no opportunity to defend.

Bulldozer Justice Upholds Administrative Efficiency

• Expedited Action on Encroachments: Swift demolitions of unauthorised structures eliminate delays in urban development and streamline land management processes.
  For example:  In Delhi (2023), demolition drives in areas like Jahangirpuri aimed to reclaim public spaces quickly after reports of illegal constructions emerged, ensuring smoother implementation of urban development projects.
• Creation of a Strong Deterrent: The immediate consequences of illegal construction act as a powerful warning, discouraging future violations.  
• Revitalization of Public Spaces: Rapid reclamation of encroached areas ensures their rightful use, contributing to better urban governance and public utility.  
• Assertion of Administrative Authority: Decisive action reinforces the state’s ability to uphold laws, instilling public trust in governance.  
• Streamlined Resource Utilisation: By bypassing prolonged legal and bureaucratic delays, it minimises costs and accelerates the resolution of land disputes.
  For example : During the G20 Summit preparations in Delhi (2023), encroachments near key venues were swiftly removed to beautify the area and enhance security, demonstrating effective resource management for international events.

Bulldozer justice violating Constitutional rights

• Violation of Right to Life and personal liberty: Demolitions without due process infringe upon Article 21, which guarantees life and personal liberty, including the right to shelter.
  For example: In Olga Tellis v. Bombay Municipal Corporation, the Supreme Court ruled that housing rights are integral to the right to life, a principle violated in recent demolitions.
• Arbitrary decision: Lack of uniformity in enforcing demolition policies leads to procedural arbitrariness, violating Article 14 of the Constitution..
• Violation of Religious and cultural rights: Destruction of places of worship or cultural significance, may infringe on the freedom to practise and propagate religion (Article 25-30)
• Violation of ownership Rights(Article 300 A) : Arbitrary demolitions without legal notice or hearing undermine the individual’s right to possess and enjoy property.
  For instance: The Constitution mandates that no person shall be deprived of their property except by authority of law.
• Curbing Freedom of Expression (Article 19): Demolition drives create chilling effects on dissent, when used as punitive measures against activists, journalists etc.

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Way Forward

• Strengthening Legal Awareness: Educating citizens on property and demolition rights helps communities resist illegal actions and demand due process.
  For example: Initiatives by local NGOs in Maharashtra provide legal counselling, enabling families to contest unfair demolitions.
• Transparent Accountability Mechanisms: Implementing accountability frameworks ensures authorities who bypass due process are held responsible, fostering trust in governance.
  For example: Establishing an ombudsman for demolition oversight can prevent abuses and promote fairness.
• Clear Demolition Protocols: Developing protocols for prior notice, judicial review, and appeal time safeguards citizens’ rights.
  For example: Supreme Court guidelines mandating a 15-day notice period ensure transparency and protect against arbitrary demolitions.
• Prioritising Rehabilitation Measures: Providing alternative housing or compensation for affected families aligns administrative actions with social justice principles.
  For example: In Delhi, rehabilitation for displaced families during encroachment removal upheld rights to shelter.
• Bias-Free Enforcement Policies: Monitoring demolitions to ensure impartiality addresses discrimination concerns and enforces lawful, equitable actions.
  For example: Independent audit teams in UP assess demolitions to confirm compliance with legal guidelines and prevent biassed targeting.

Bulldozer justice highlights the complex balance between administrative efficiency and constitutional rights.By ensuring legal safeguards, transparent protocols, and accountability, India can promote governance that respects rule of law and human dignity, aligning with democratic values while enabling effective administration.

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