Supreme Court declares bulldozer actions unconstitutional, slams governments

New Delhi: In a landmark ruling on Wednesday, Supreme Court denounced the practice of “bulldozer action” as unconstitutional, declaring that governments have no authority to act as judges and mete out punishment.

The court stated that an accused individual remains innocent until proven guilty, and demolishing a person’s home without judicial approval penalizes not only the accused but also their entire family.

A bench led by Justices Bhushan Ramakrishna Gavai and K.V. Viswanathan emphasized that determining guilt and punishment is solely the judiciary’s domain.

It ruled that a state cannot declare an accused guilty or penalize them by demolishing their property, underscoring the importance of the right to shelter under Article 21 of the Constitution.

The justices stressed that actions such as bulldozing properties before a trial violate the rule of law. “Our Constitution does not permit such misuse of executive power,” the court stated, further condemning the selective demolition of properties as an unconstitutional and discriminatory act if done to penalize individuals.

The bench also called for accountability mechanisms, including compensation, for individuals affected by such actions, cautioning that officers responsible for arbitrary demolitions would not be shielded from consequences.

The court highlighted that a home embodies socio-economic aspirations, built over years of effort, and that stripping an individual of this without due process is a violation of their fundamental rights.