Don’t use bulldozers as statutory bulldogs

In a democracy, the rule of law is inviolable. Yet, public representatives frequently overstep their bounds by conflating notions of upholding the law with their own political agenda. At a mahapanchayat in Uttarakhand, BJP MLA from Telangana T Raja Singh called on CM Pushkar Dhami to emulate Yogi Adityanath by deploying bulldozers against illegal mosques and mazaars. While the demolition of illegal structures is part of law enforcement, singling them out because they represent a certain religion, as appears to be the case here, is wrong and unconstitutional. Equally importantly, to make short shrift of procedure to call for vigilante justice is a recipe for law and order disaster.

The Supreme Court recently cautioned against this kind of executive overreach. Calling ‘bulldozer justice‘ illegal, it laid down a detailed SOP for demolishing illegal structures. It specified that guidelines would not apply if any unauthorised structure obstructs a public road, railway line or water body, or if the demolition has been ordered by the court. However, for all other cases, a strict process must be followed. Governments are required to give a 15-day notice before any demolition, issue a show-cause notice, and set up a digital portal within 3 months to track these notices. Each notice must specify reasons for demolition and date of the hearing.

Such a process ensures transparency, accountability and fairness, safeguarding against selective action. Ignoring these safeguards undermines not only the rule of law but also the fundamental tenets of justice. The misuse of administrative power to fuel a majoritarian or mob mentality sets a dangerous precedent for governance. Bulldoze illegal structures, but strictly according to judicial procedure.