CJI Gavai Calls Bulldozer Order His Most Important Judgment
In his farewell remarks before retiring as the Chief Justice of India, B. R. Gavai declared that the Supreme Court’s decision against the so-called “bulldozer justice” model was the most important judgment of his tenure. He emphasised that the right to shelter is a fundamental right and questioned how a person’s house could be demolished simply because an accused or convict lives there.
Reinforcing Rule of Law and Fundamental Rights
Gavai said the judgment made clear that the executive cannot act as judge, jury and executioner in demolishing a person’s residence without due process. He noted that the decision upheld the core principle of equality before law and the supremacy of the Constitution. He also mentioned that the next most important verdict in his time involved allowing sub-categorisation for SC/ST reservation.
Significance for Judicial Accountability
His statement underlines growing concerns in India about summary demolitions of alleged offenders’ properties. By spotlighting the ruling as his key achievement, Gavai reinforces the judiciary’s role in checking executive excesses. Legal observers say the judgement offers greater protection to citizens whose homes are threatened under aggressive anti‐encroachment or law-and‐order drives.
Way Forward and Challenges
While the judgment sets a strong precedent, implementing it consistently across states will be the next challenge. Experts suggest that authorities must ensure proper procedure, notice, hearing and rehabilitation wherever demolition orders are issued. The effect of this ruling will depend on how vigorously courts and administrations enforce its safeguards.
