Supreme Court's decision on 'bulldozer action' reaffirmed dignity of every individual: CJI Gavai

The Chief Justice of India BR Gavai recently referred to the top court's decision in Re: Directions in the matter of demolition of structures while speaking at the Milan Court of Appeal on the topic “Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian Constitution”.

Referring to the Court's examination of the state authorities act to demolish homes and properties of an accused, as a punishment even before they were convicted by a court of law, the CJI said, "The decision reaffirmed that constitutional guarantees must not only protect civil liberties but must also uphold the dignity, security, and material well-being of every individual, especially the vulnerable."

CJI Gavai further remarked that in its decision the Supreme Court held that such arbitrary demolitions, which bypass legal processes, violate the rule of law and the fundamental right to shelter under Article 21. The executive cannot become judge, jury, and executioner all at once, he added.

Saying that the Supreme Court has consistently worked to transform socio-economic rights, ranging from education to livelihood, into enforceable fundamental rights, which were then given effect by the Parliament, the CJI underscored, "In other words, the journey of the Indian Constitution over the past seventy-five years in delivering socio-economic justice is a story of great ambition and important successes. To take an example, the earliest initiatives undertaken by the Indian Parliament immediately after the adoption of the Constitution included land and agrarian reform laws and affirmative action policies for backward classes. The impact of these initiatives is clearly visible today.".

CJI Gavai reiterated that it was because of the constitutional vision of inclusion and transformation that he was standing before the gathering as the Chief Justice of India. "Coming from a historically marginalized background, I am a product of the very constitutional ideals that sought to democratize opportunity and dismantle the barriers of caste and exclusion..", he said.

During his recent address at Gray’s Inn, CJI Gavai had expressed pride on the country's journey over the last 75 years highlighting that India presently has a Chief Justice who comes from marginalised section and said, "We have three Constitutional heads belonging to the marginalized section, and here incidentally we have a law minister who also belongs to marginalised section...".

Paying his tributes to Dr. Ambedkar at Gray’s Inn which recently dedicated a wing in the name of Dr. Ambedkar, CJI BR Gavai has said, "And when the Constitution of India has completed 75 years, it is a matter of great coincidence that India has a President who is a woman and belongs to tribal class. We have a Prime Minister who comes from backward classes and who takes pride in saying it is only because of Indian Constitution that he could adorn the position of Prime Minister...".