The Supreme Court of India has emphasized that the executive branch cannot assume a judicial role in matters involving the demolition of properties, warning against actions that lack due legal process. In a landmark hearing, a bench of Justices B.R. Gavai and K.V. Vishwanathan underscored the principle of separation of powers, cautioning that demolishing homes or businesses based on accusations alone undermines constitutional rights.
The Court highlighted that such demolitions, without proper judicial oversight, violate fundamental legal protections and must be approached with accountability. “The arbitrary demolition of a citizen’s home on mere allegations contravenes constitutional law,” the Court stated, stressing the importance of a fair trial before any punitive actions.
In its ruling, the Court extended an interim order, instructing authorities to pause demolition drives targeting accused individuals until nationwide guidelines can be framed. The order, however, excludes unauthorized constructions that disrupt public safety, including religious structures on roads. Justice Gavai clarified that municipal laws must apply uniformly, with no special consideration for specific religions, as India is a secular nation.
Additionally, the Court suggested that distinct regulations be established for municipal corporations and nagar panchayats, proposing an online portal to enhance public awareness of unauthorized constructions.
This ruling reinforces due process and aims to prevent arbitrary actions, safeguarding citizens’ rights and maintaining the rule of law.
