Executive can't be judge, jury and executioner: CJI Gavai on SC ruling against 'bulldozer justice'

New Delhi: Chief Justice of India (CJI) BR Gavai recently emphasized that the executive branch must not assume the roles of judge, jury, and executioner. He was referring to the Supreme Court’s stance against punitive demolitions of private properties carried out by government agencies without due legal process. Speaking about the ruling in Re: Directions in the matter of demolition of structures, CJI Gavai pointed out that the Court had scrutinized instances where authorities demolished homes and properties of individuals accused of crimes—well before any court had found them guilty. The Court concluded that such actions, which circumvent the judicial process, are in direct violation of both the rule of law and the constitutionally protected right to shelter under Article 21. He underscored that the Supreme Court’s decision reinforces the idea that constitutional rights not only defend civil liberties but also guarantee dignity, security, and material stability for all, particularly the marginalised and underprivileged.

CJI Gavai, who presided over the bench that delivered the verdict last year, made these remarks on June 18 at the Milan Court of Appeal. He was speaking at an event titled “The Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian Constitution.” The gathering included prominent legal figures such as Milan Court of Appeal President Giuseppe Ondei; Fabio Roia, President of the Milan Court of First Instance; senior judges, Antonino La Lumia, head of the Milan Bar Association; Roberta Clerici, Chair of the Italian Chamber of International Lawyers; and Angelo Mambriani, President of the Corporate Section of the Milan Court of First Instance. Academics and international legal experts were also present.

In a related discussion, CJI Gavai asserted that the progress India has made in securing socio-economic justice over the last 75 years is a clear rebuttal to those who doubted the viability of its Constitution. He praised the judiciary’s role in advancing constitutional aims and stated that both Parliament and the courts have helped expand socio-economic rights in contemporary India. “The Indian Constitution has consistently sought to improve the conditions of ordinary citizens,” he remarked.