A CASE COMMENTARY ON IN RE DIRECTIONS IN THE MATTER OF DEMOLITION OF STRUCTURES (2024)

The Indian Constitution guarantees that state power must conform to the principles of legality, fairness and due process. In recent years however, the increasing practice of “bulldozer justice,” whereby properties of persons accused or suspected of criminal offences were demolished bypassing the statutory procedures, raised serious concerns regarding the executive overreach and constitutional governance. Such demolitions raised questioned on the presumption of innocence, natural justice and the separation of powers in India’s criminal justice system. Against this backdrop, The Supreme court decision in In Re: Directions in the matter of Demolition of structures (2024 INSC 866) marks a significant development in Indian constitutional jurisprudence. The court examined whether executive authorities could employ demolition proceedings as a punitive measure overriding the procedure established by law. It reaffirmed the centrality of the Rule of law, recognised the right to shelter as an integral facet of Article 21, and laid down binding nationwide guidelines to regulate demolition proceedings. The judgement strengthens constitutional protections against arbitrary state action while reinforcing administrative accountability, procedural fairness and limits of executive powers.