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Instant injustice: On state high-handedness
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Context
The Supreme Court strongly criticized the illegal demolition of residential properties by the Prayagraj Development Authority in Uttar Pradesh (2021), terming it a violation of due process and fundamental rights under Article 21, and ordered Rs 10 lakh compensation per affected person.
Judicial Stand on Extra-Legal Demolitions
- Violation of Due Process: The Court held that demolitions without prior show-cause notice or opportunity for hearing directly violate procedural safeguards guaranteed under Article 21.
- Assertion of Fundamental Rights: The SC reaffirmed that right to shelter is an integral part of right to life and dignity, and cannot be bypassed under the pretext of law enforcement.
- Condemnation of Arbitrary Punishment: The Court emphasized rule of law principles — no punishment without trial, presumption of innocence, and prohibition of collective or retaliatory actions.
Spread and Normalization of State Overreach
- Expansion Across States: Despite past judicial criticism, extra-legal demolitions have expanded beyond Uttar Pradesh to multiple BJP-ruled and opposition-ruled States like Punjab.
- Political Instrumentalization: Governments have used demolitions as punitive tools against political opponents or alleged criminals, circumventing established legal procedures.
- Social Endorsement of High-Handedness: Public approval of state overreach and vigilante-style justice reflects deteriorating commitment to constitutional governance and civil liberties.
Governance Challenges and Way Forward
- Erosion of Rule of Law: The rising frequency of custodial torture, encounter killings, and bulldozer justice underscores systemic weakness in institutional accountability.
- Mob Justice by State Machinery: State actions mimicking mob lynching tactics degrade democratic institutions and violate the constitutional mandate for fairness and justice.
- Need for Systemic Enforcement: Supreme Court directives must be uniformly implemented, ensuring state compliance, institutional checks, and deterrent consequences for illegal actions.
Practice Question:
Q. Extra-legal demolitions as a form of state action undermine the rule of law in India. Critically examine in light of recent judicial pronouncements and constitutional safeguards.
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