- Not for nothing, India is recognized as a beacon of democracy worldwide for upholding the virtues of Constitutionally mandated rights extended to every citizen irrespective of caste, creed, class, religion, ethnicity, and linguistic preferences. The Constitution mandated rights are equal to every citizen and the three pillars viz. the executive, the legislature, and the judiciary are entrusted to ensure the same. The beauty of democratic credentials unambiguously demarcates the responsibilities of the three pillars which are expected not to breach the line overstepping onto other’s territories. As we know, there are times when one may wittingly or unwittingly step onto the other’s territory leading to avoidable unpleasantness but within acceptable limits.
PC: The Hindu
- The judiciary is entrusted with ensuring the Constitutional provisions are not breached and tasked to view the law of the land within the purview of the fundamental rights. The country is aware of how some of the state administrations are pressing ahead with the demolition of buildings without proper Constitutional backing. Such extrajudicial and illegal demolitions go against the tenets of the Constitution’s guarantee of upholding fundamental rights. Thus, the Supreme Court’s order against bulldozer actions is much-awaited protection of these defined rights. When, by the SC’s reckoning, the executive is running a bulldozer over the laws of the land, a departure from the usual ambling pace of the judicial process becomes imperative. Indeed, it is.
- In response to petitions against the demolition of the properties of persons who are accused of some crime, on 02nd September the court had said it would lay down guidelines on a pan-India basis. But various state governments continuing to brazenly short-circuit due process meanwhile, was untenable. Thus, SC recently did the right and necessary thing by passing an interim order that, without its permission, no demolition should take place in the country. Here, the observation that the executive can’t be a judge is critical. Take the instance of an accused in Prayagraj violence in 2022. His wife averred that the demolished house was in her name and gifted to her by her father. Such an act is a mockery of the adage innocent until proven guilty thrown into the winds.
PC: Live Law
- The egregious injustice in such cases is that even the accused’s spouse and parents and children get summarily punished. The right to a home is an important facet of the right to life, one of the Justices correctly added that even if there is one instance of illegal demolition, it is against the ethos of the Constitution. Part of the GOI case was that the court was getting influenced by outside noises. While the court denied this, democracy means to always heed the noises of the distressed, wherever these come from. Yes, this order does not apply to unauthorized constructions on public streets, footpaths, abutting railway lines, or public spaces. Illegal and unlawful bulldozer actions should stop forthwith. The SC ruling should be followed in letter and spirit by the administration.
