Supreme Court judgement against ‘bulldozer justice' upheld socio-economic rights: CJI B R Gavai

Indian Express

a day ago

Chief Justice of India B R Gavai said Wednesday the executive can't become 'the judge, jury, and executioner' as he referred to the Supreme Court's 2024 judgement against alleged bulldozer justice which held that 'arbitrary demolitions, which bypass legal processes, violate the rule of law and the fundamental right to shelter under Article 21.'
Chief Justice Gavai was speaking in Italy on the topic 'Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian'.
'The Court examined the decisions of the state authorities to demolish homes and properties of an accused, as a punishment even before they were convicted by a court of law. Here, the Court held that such arbitrary demolitions, which bypass legal processes, violate the rule of law and the fundamental right to shelter under Article 21. The executive cannot become judge, jury, and executioner all at once,' said CJI Gavai.
Quoting the top court's judgment, CJI Gavai said, 'In doing so, it was noted with empathy, and I quote, 'that the construction of a house has an aspect of socio-economic rights. For an average citizen, the construction of a house is often the culmination of years of hard work, dreams, and aspirations''.
CJI Gavai said that socio-economic justice 'is not merely a matter of redistribution or welfare'. 'It is about enabling every individual to live with dignity, to realise their full human potential, and to participate as equals in the social, economic, and political life of the country. For any country, socio-economic justice is a crucial aspect of national progress. It ensures that development is inclusive, that opportunities are equitably distributed, and that all individuals, regardless of their social or economic background, can live with dignity and freedom.'
'Without addressing the structural inequalities that marginalise large sections of society, no nation can claim to be truly progressive or democratic. Socio-economic justice, in other words, is a practical necessity for achieving long-term stability, social cohesion, and sustainable development.'
CJI Gavai recalled that the tensions that arose in the early years between the judiciary and Parliament unfolded against the backdrop of efforts to realise socio-economic rights and led to the landmark judgement in the Kesavananda Bharati vs State of Kerala case, wherein it was held that the basic structure of the Constitution cannot be altered.
In subsequent years, he pointed out, the Supreme Court in its judgements 'acknowledged that formal equality alone is insufficient, and that substantive measures are necessary to realise the Constitution's promise of justice and dignity for all'.
He said the nuanced approach to achieving socio-economic justice 'was …strengthened both by Parliament through its legislative powers and by the Supreme Court through its constitutional interpretation.' 'Both Parliament and the judiciary have expanded the scope of socio-economic rights in the 21st century.'
The Chief Justice said Parliament enacted a wide range of legislation aimed at advancing socio-economic justice. 'These include laws prohibiting socially oppressive and discriminatory practices, such as the Bonded Labour System (Abolition) Act, the Child Labour (Prohibition and Regulation) Act, the Dowry Prohibition Act, and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. Each of these statutes represents a conscious effort to address historical injustices and structural inequalities, and to build a legal framework that upholds the dignity and rights of all citizens.'