Executive Can't Be Judge, Jury and Executioner: CJI BR Gavai Slams 'Bulldozer Justice' | Supreme Court's Powerful Ruling Explained

In a powerful and much-needed judgement, the Supreme Court of India has made it absolutely clear: the executive cannot become the judge, jury, and executioner. Chief Justice of India, BR Gavai, strongly criticized the growing trend of "bulldozer justice", where homes and properties are demolished by authorities without due legal process.

What is "Bulldozer Justice"?

Over the last few years, there have been several instances where state authorities have used bulldozers to demolish alleged illegal structures, especially in the aftermath of protests or riots. These demolitions have often targeted individuals without any fair hearing or court order, raising serious questions about constitutional rights and abuse of power.

 What Did the Supreme Court Say?

While hearing the case Jamiat Ulama-i-Hind vs Union of India & Ors, the Supreme Court bench led by CJI BR Gavai delivered a landmark verdict:

"The rule of law is the foundation of our Constitution. The executive cannot act like the judge, jury, and executioner. This is not a police state."

The court emphasized that:

• Every citizen has a right to be heard.
• Demolition cannot be used as a form of punishment.
• Any action must be based on proper legal process and not political motivations.

 the Case

The case was filed after a series of controversial demolitions in states like Uttar Pradesh and Madhya Pradesh, where houses of people accused of participating in riots or protests were bulldozed — often just days after the events, and without any formal notice or legal proceedings.

These actions were seen as a direct attack on the fundamental rights of the individuals, especially the right to life and property under Article 21 of the Constitution.

 The Court's Directions

1. Due Process is a Must: The court ordered that no structure should be demolished without:

   • Prior notice
   • Proper hearing
   • Valid order by competent authority

2. Targeted Demolitions are Illegal: The court warned that if demolitions are aimed at punishing people for their alleged involvement in crimes, it would amount to misuse of executive power.

3. Preventive, Not Punitive: The purpose of municipal laws is to regulate structures, not punish citizens arbitrarily.

 Why This Matters

This judgment is more than just about buildings. It’s a strong stand for justice, fairness, and the Constitution. It sends a message to all authorities that law must be followed, and no government can take shortcuts, even if it claims to be acting in the public interest.

 CJI Gavai's Words That Echo Justice

"Even if the action is justified under municipal laws, it cannot be used as a tool of retaliation. Law has to be above everything. Every person deserves to be treated with dignity."

 Conclusion

This ruling is a major victory for constitutional values and a reminder that democracy runs on rules, not revenge. The court's stand protects not just homes, but the spirit of justice and humanity in India.