In a significant judgment, the Supreme Court of India ruled against the practice of "bulldozer action," where authorities demolish the homes of individuals accused of crimes without judicial approval. 

The Court emphasized that the Executive, or government authorities, cannot bypass the legal system by punishing individuals through demolition based solely on accusations. 

This verdict follows petitions from various states, claiming that properties of those merely accused of crimes were being targeted for demolition.

A bench comprising Justice B.R. Gavai and Justice K.V. Viswanathan delivered the judgment, highlighting the fundamental human right to shelter. 

“Having a home is a longing that never fades,” Justice Gavai said, underscoring the importance of housing for every family. 

The bench made it clear that it is unconstitutional for the Executive to demolish houses simply because an individual is accused or even convicted of a crime, stating that such actions violate the principle of the ‘Rule of Law’, a foundation of the Indian Constitution.

 

What is the ‘Rule of Law’?

 

It is a fundamental principle ensuring that all individuals, institutions, and government authorities are subject to and accountable under the law. This principle means that laws are applied consistently and fairly, without discrimination, upholding the rights and liberties of individuals. 

Embedded within the Constitution, particularly in Articles 14, 19, and 21, it mandates equality before the law, protection from arbitrary state action, and guarantees personal liberty, providing a framework for justice that prevents misuse of power by authorities. The Rule of Law ensures that government actions are legally bound, reinforcing a democratic and fair society where the law prevails over individual will.

 

The Supreme Court had previously issued an interim order on October 1, halting further demolition drives while deliberating on the matter. In their remarks, the judges stressed that the government cannot declare anyone guilty or punish them by demolishing property based on accusations alone. 

They highlighted that the Judiciary alone has the power to determine guilt and that due process is essential to uphold citizens' rights.

The bench further underscored that this ruling is universal, applying to all citizens irrespective of community or background, reinforcing India’s commitment to secularism and equal protection under the law.