Apex Court exposes misuse of administrative power under the guise of bulldozer justice

By Vikas Meshram*

India's Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, has remarked that permitting such "bulldozer justice" would undermine the constitutional recognition of the right to property under Article 300A. This directive, issued on the eve of Justice Chandrachud’s retirement, emphasizes six essential steps that must precede any demolition, including proper surveys, issuance of written notices, and consideration of objections. The court also laid down that even for development projects, these six procedural steps must be adhered to before demolishing any property.

Firstly, authorities must verify existing land records and maps. Secondly, a proper survey must be conducted to identify actual encroachments. Thirdly, written notices must be issued to the alleged encroachers. Fourthly, authorities should consider objections and provide an opportunity for a hearing. Fifthly, reasonable time must be given for voluntary removal of encroachments. Lastly, if necessary, additional land must be legally acquired.

The Supreme Court strongly criticized the trend of unilateral and arbitrary "bulldozer justice," stating that threatening citizens with property destruction cannot suppress their voices. It emphasized that such actions, outside the ambit of law, are unacceptable and violate fundamental rights. The government must follow due legal process and provide individuals an opportunity to be heard before demolishing any property. If bulldozer actions are permitted, it would nullify the constitutional recognition of the right to property under Article 300A.

The court highlighted that arbitrary or illegal actions by authorities could lead to vindictive demolitions, jeopardizing the rights of individuals. In the specific case from Maharajganj district, Uttar Pradesh, where a journalist's house was unlawfully demolished in 2019, the court ruled in favor of the petitioner, awarding interim compensation of ₹25 lakh and initiating disciplinary proceedings against the responsible officials.

The bench observed that destroying citizens’ homes or properties without following due legal processes cannot be justified. The court noted the state government's failure to produce any document verifying the original width of National Highway 730, which the demolition purportedly aimed to restore. It also found no evidence of proper surveys or demarcations marking the journalist’s house as encroached. This case exposed a pattern of abuse of power, which the court described as an example of state overreach.

This landmark ruling by the Supreme Court serves as a necessary check on the misuse of executive power. By halting so-called bulldozer justice, the court conveyed a clear message that the fundamental rights guaranteed by the Constitution cannot be arbitrarily trampled by the executive. Punishing individuals without a fair trial violates the concept of natural justice.

However, the court clarified that this ruling does not cover unauthorized constructions on government land or public spaces such as railway lines, footpaths, and roads. Still, it recognized the reality that illegal encroachments or constructions on public land do not occur overnight. Political backing and bureaucratic collusion often enable such acts, making it imperative for authorities to take timely and legal actions.

Moreover, the court underscored that any demolition must follow legal procedures and allow respondents to present their case. By delivering this balanced judgment, the Supreme Court has not only upheld constitutional values but also instilled public confidence in the judiciary.

In essence, this ruling reminds the executive of its limits and rejects the notion of officials acting as judges and executioners. The court exposed the misuse of administrative power under the guise of bulldozer justice, emphasizing that no public servant has the authority to punish anyone without trial.

The court also warned against collective punishment, noting that demolishing a person's home, built over a lifetime, within mere hours without a chance for objection is akin to lawlessness. To ensure accountability, the court directed that if any house is unlawfully demolished, the costs of reconstruction should be deducted from the salaries of the responsible officials.

However, the court maintained that the ruling does not apply to demolitions of illegal constructions on public property, such as roads or footpaths, as long as due process is followed. This ruling sets an example of judicial balance, fostering constitutional values in a democratic society over time.

Comments

Was Netaji forced to alter face, die in obscurity in USSR in 1975? Was he so meek?

By Rajiv Shah This should sound almost hilarious. Not only did Subhas Chandra Bose not die in a plane crash in Taipei, nor was he the mysterious Gumnami Baba who reportedly passed away on 16 September 1985 in Ayodhya, but we are now told that he actually died in 1975—date unknown—“in oblivion” somewhere in the former Soviet Union. Which city? Moscow? No one seems to know.

Love letters in a lifelong war: Babusha Kohli’s resistance in verse

By Ravi Ranjan* “War does not determine who is right—only who is left.” Bertrand Russell’s words echo hauntingly in our times, and few contemporary Hindi poets embody this truth as profoundly as Babusha Kohli. Emerging from Jabalpur, Madhya Pradesh, Kohli has carved a unique space in literature by weaving together tenderness, protest, and philosophy across poetry, prose, and cinema. Her work is not merely artistic expression—it is resistance, refuge, and a call for peace.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Asbestos contamination in children’s products highlights global oversight gaps

By A Representative A commentary published by the International Ban Asbestos Secretariat (IBAS) has drawn attention to the challenges governments face in responding effectively to global public-health risks. In an article written by Laurie Kazan-Allen and published on March 5, 2026, the author examines how the discovery of asbestos contamination in children’s play products has raised questions about regulatory oversight and international product safety. The article opens by reflecting on lessons from the COVID-19 pandemic, noting that governments in several countries were slow to respond to early warning signs of the crisis. Referring to the experience of the United Kingdom, the author writes that delays in implementing protective measures contributed to “232,112 recorded deaths and over a million people suffering from long Covid.” The commentary uses this example to illustrate what it describes as the dangers of underestimating emerging threats. Attention then turns...

India’s green energy push faces talent crunch amidst record growth at 16% CAGR

By Jag Jivan* A new study by a top consulting firm has found that India’s cleantech sector is entering a decisive growth phase, with strong policy backing, record capacity additions and surging investor interest, but facing mounting pressure on talent supply and rising compensation costs .

The kitchen as prison: A feminist elegy for domestic slavery

By Garima Srivastava* Kumar Ambuj stands as one of the most incisive voices in contemporary Hindi poetry. His work, stripped of ornamentation, speaks directly to the lived realities of India’s marginalized—women, the rural poor, and those crushed under invisible forms of violence. His celebrated poem “Women Who Cook” (Khānā Banātī Striyāṃ) is not merely about food preparation; it is a searing indictment of patriarchal domestic structures that reduce women’s existence to endless, unpaid labour.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

The price of silence: Why Modi won’t follow Shastri, appeal for sacrifice

By Arundhati Dhuru, Sandeep Pandey* In 1965, as India grappled with war and a crippling food crisis, Prime Minister Lal Bahadur Shastri faced a United States that used wheat shipments under the PL-480 agreement as a lever to dictate Indian foreign policy. Shastri’s response remains legendary: he appealed to the nation to skip one meal a day. Millions of middle-class households complied, choosing temporary hunger over the sacrifice of national dignity. Today, India faces a modern equivalent in the energy sector, yet the leadership’s response stands in stark contrast to that era of self-reliance.

Beyond sattvik: Purity, caste and the politics of the Indian kitchen

By Rajiv Shah A few week ago, I was forwarded an article that appeared in the British weekly The Economist . Titled “Caste and cuisine: From honeycomb curry to blood fry: India’s ‘untouchable’ cooking”, it took me back to what I had blogged about what was called a “ sattvik food festival”, an annual event organised by former Indian Institute of Management-Ahmedabad professor Anil Gupta.

Search This Blog