'SC Banned Bulldozer Justice Because Executive Cannot Be Judge, Jury and Executioner': CJI Gavai
Law
CJI Gavai also quoted from the Supreme Court judgment in the case pertaining to bulldozer demolitions, which said 'Construction of a house has an aspect of socio-economic rights.'
Chief Justice of India Bhushan Ramkrishna Gavai during the State Lawyers Conference organised by Bar Council of Maharashtra and Goa, in Mumbai on Sunday, May 18, 2025. Photo: PTI
New Delhi: Chief Justice of India (CJI) B.R. Gavai on Thursday (June 19) told an assembly of top Italian judges how the Supreme Court had banned 'bulldozer justice', preventing the executive from becoming the judge, jury and executioner.
"The executive cannot become judge, jury and executioner all at once," said CJI Gavai, reported Times of India.
CJI Gavai also quoted from the Supreme Court judgment in the case pertaining to bulldozer demolitions which said "Construction of a house has an aspect of socio-economic rights.'
He was speaking at the Milan Court of Appeal on 'Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian Constitution".
"For an average citizen, construction of a house is often the culmination of years of hard work, dreams and aspirations. A house is not just a property but embodies the collective hopes of a family or individuals for stability, security and a future," said CJI Gavai.
'As we look back on these 75 years, there is no doubt that the Indian Constitution has strived for change in the life of the common people. To summarise, several aspects of Directive Principles were made enforceable by reading or legislating them as a facet of fundamental rights,' he added.
CJI Gavai said that the Constitution's journey in the past 75 years in delivering socio-economic justice "is a story of great ambition and important successes...'
"Affirmative action policies in education, which sought to correct historical injustices and ensure representation of Scheduled Castes, Scheduled Tribes and socially and educationally backward classes, have been a concrete expression of the Constitution's commitment to substantive equality and socio-economic justice," said the CJI.
He cited his own example – the second Dalit to become CJI – and said that he was a product of the very constitutional ideals that sought to democratise opportunity and dismantle the barriers of caste and exclusion.
The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
9 minutes ago
- Time of India
Israel-Iran War: Can Trump bomb Iran without asking? Capitol Hill says no, invokes War Powers Act
President Donald Trump is keeping his cards close. When asked whether the United States would join Israel's escalating military confrontation with Iran, he simply said, 'I may do it. I may not.' That was on June 18, just days after Israel launched strikes on Iranian territory. Since then, speculation has grown over whether Trump might authorise a U.S. military operation—without getting the green light from Congress . According to Department of State spokeswoman Tammy Bruce, 'He is the singular guiding hand about what will be occurring from this point forward.' But many lawmakers disagree. And they're rushing to reassert control. Congress says, "Not without us" The U.S. Constitution is clear: only Congress has the power to declare war. Live Events 'This is not our war,' said Republican Representative Thomas Massie of Kentucky. 'Even if it were, Congress must decide such matters according to our Constitution.' Massie has introduced a resolution under the 1973 War Powers Act to stop any unauthorised U.S. strikes on Iran. He's joined by Democrat Ro Khanna of California, who posted on X, 'Are you with the neocons who led us into Iraq or do you stand with the American people?' Over in the Senate, Democrat Tim Kaine has introduced a similar resolution. 'This resolution will ensure that if we decide to place our nation's men and women in uniform into harm's way, we will have a debate and vote on it in Congress,' he said. The War Powers Act: What it actually does Passed in 1973 after the Vietnam War and President Nixon's secret bombing of Cambodia, the War Powers Act was designed to limit the president's ability to launch military action unilaterally. It says, The president must notify Congress within 48 hours of launching military action. Military deployment without congressional approval is limited to 60–90 days. Congress must be consulted 'in every possible instance' before troops are committed abroad. The law was passed over Nixon's veto—but almost every president since has found ways to work around it. Why it's back in the spotlight As Israeli airstrikes continue and Trump hints at joining in, lawmakers worry that the U.S. could be dragged into another prolonged Middle East war. That's exactly what the War Powers Act was supposed to prevent. Bernie Sanders, the independent senator from Vermont, has proposed the No War Against Iran Act , which would prohibit the use of federal funds for any attack on Iran without a formal declaration of war or congressional authorisation. 'The recent escalation of hostilities between Israel and Iran could quickly pull the United States into another endless conflict,' Senator Kaine warned. Can the President Act without Congress? Technically, the president is commander-in-chief of the military. Under Article II of the Constitution, Trump can respond to 'sudden attacks' or threats. But the power to start a war—that belongs to Congress. Still, history tells a different story. Since World War II, U.S. presidents have authorised military operations in Korea, Vietnam, the Gulf, Libya, Somalia, and more—without formal declarations of war. They've relied instead on broad laws like the 2001 and 2002 Authorisations for Use of Military Force (AUMFs), passed after the 9/11 attacks and before the 2003 Iraq invasion. Trump used the 2002 AUMF to justify the assassination of Iranian General Qassem Soleimani in 2020. So does the War Powers Act have any real power? It's complicated. Congress can vote to end military action, but the president can veto that decision. Overriding a veto requires a two-thirds majority in both the House and Senate—a rare feat in a divided Washington. In 2019, Congress tried to end U.S. support for the Saudi-led war in Yemen. Trump vetoed it. Then again in 2020, after the Soleimani strike, Congress passed a bill to limit Trump's powers to launch war on Iran. Trump vetoed that too. The War Powers Act has been criticised for being more symbolic than effective. Even President Joe Biden once led a Senate subcommittee that concluded the law was falling short of its original purpose. Opinions split, even within parties Not all Democrats back Kaine's resolution. Senator John Fetterman of Pennsylvania has said he would vote against it. He believes Trump should retain the option to preemptively strike Iran's nuclear infrastructure. On the Republican side, some are more cautious. Senator Rand Paul of Kentucky said: 'No president can bomb another country without the permission of Congress.' He added, 'It's always been my belief that you don't go to war without the approval of Congress and bombing other countries is obviously war.' But others support Trump's freedom to act. Senator Ted Cruz of Texas said, 'A single bombing run, historically, has not been understood to require congressional authorisation.' Sustained warfare, he agreed, would require Congress to act. Senator Lindsey Graham took it a step further. 'If diplomacy is not successful,' he said, 'I would urge President Trump to go all in… If that means flying with Israel, fly with Israel.' The House and Senate are currently on recess, but both will be forced to vote on the new resolutions once they return. The outcome will test the strength of Congress's war-making authority. Meanwhile, Trump has made it clear he's watching the conflict closely. After cutting short a G7 trip in Canada, he returned to Washington and declared, 'We now have complete and total control of the skies over Iran.' He added, 'We know exactly where the so-called 'Supreme Leader' is hiding... We are not going to take him out (kill!), at least not for now.' At its heart, this isn't just a legal or political issue. It's about whether the people, through their elected representatives, get to decide when America goes to war. For decades, war decisions have been drifting away from Congress and towards the Oval Office . This moment could shift that balance—or cement it. With Iran's nuclear programme in the crosshairs, and Israel already striking, the next move could redraw the map of the Middle East—and reshape America's role in it. And if history is any guide, the decision could be made by one man, not 535 lawmakers.
Scroll.in
an hour ago
- Scroll.in
Bhima Koregaon case: Court rejects activist Gautam Navlakha's plea to live in Delhi
A Mumbai court on Thursday rejected human rights activist Gautam Navlakha's petition seeking permission to live in Delhi during the pendency of his trial in the Bhima Koregaon case, reported Live Law. The trial in the case is yet to begin. Navlakha, 72, is among 16 academicians, activists and lawyers who have been charged under the Unlawful Activities Prevention Act for their alleged role in instigating caste violence at Bhima Koregaon near Pune in January 2018. He was arrested in August 2018 and placed under house arrest in November 2022 after the Supreme Court granted his request to be shifted from jail on the grounds of ill health and poor facilities in prison. In December 2023, the Bombay High Court granted him bail, which was reaffirmed by the Supreme Court in May 2024, following which he was released. However, one of the bail conditions prohibits him from leaving Mumbai without the permission of the special court, where the trial of the case will be held. On Thursday, Navlakha was directed by the special National Investigation Agency court not to leave the jurisdiction of the Mumbai court, PTI reported. The court reportedly told the activist that 'allowing him to reside permanently beyond the jurisdiction of the court is an entirely different thing'. 'This unnecessary application deserves to be rejected,' special judge CS Baviskar was quoted as saying by PTI. Navlakha, a Delhi resident, had approached the court in April seeking permission to move as it had become 'extremely difficult for him to sustain a stable lifestyle' in Mumbai. He told the court that he had been unemployed and thus had to financially depend on friends and family since he was released in May 2024. The activist pointed out that the trial in the case will take a long time to conclude and hence it is 'crucial for him to be employed and financially stable' to be able to meet legal expenses.
The Hindu
an hour ago
- The Hindu
Legal awareness camp for students held at Chamarajanagar
The Indian Constitution framed by Dr. B.R. Ambedkar is the foundation of all laws in the country and contains both citizens' rights and duties, said M. Eshwar, Senior Civil Judge and member-secretary of District Legal Services Authority, Chamarajanagar. Speaking at the inauguration of the 'Legal Awareness for Students and presentation of State-level Student Ratna Award', on Friday, Mr. Eshwar said that everyone is equal under the law, and individuals should gain legal awareness as it was essential to build a life as a good citizen in society. He said one need not have complete knowledge of it, but developing adequate legal awareness was necessary for daily life. Chamarajanagar University Vice-Chancellor M.R. Gangadhar underlined the importance of cultivating legal awareness, and said it was imperative for the youth. Though it has been 75 years since the country gained independence, discussions revolving around creating legal awareness remains a widely discussed topic, Mr. Gangadhar said. He said incidents of atrocities against women and children continue to occur, and legal awareness was necessary for everyone to address such issues. Students who achieved excellence in various fields were honored with the State level 'Student Ratna Award' and certificates of appreciation. Award recipients Sulochana, and Sinchana from Hondarabalu Jawahar Navodaya School, who had participated in the Prime Minister's 'Pariksha Pe Charcha' programme, shared their thoughts at the event. Additional Deputy Commissioner T. Javare Gowda, Chamarajanagar University Registrar (Administration) R. Lokanath, and others were present.
