Open Access Research Article

“BULLDOZER JUSTICE AND CONSTITUTIONALISM IN INDIA: EXAMINING PUNITIVE DEMOLITIONS, HUMAN RIGHTS AND THE RULE OF LAW”

Author(s):
KARTIKEY AGRAWAL APOORVA JAMRA
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 7
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Abstract

Abstract The increasing use of demolition drives by state and municipal authorities against properties belonging to persons accused of criminal offences has raised serious concerns regarding the rule of law, constitutionalism, and the protection of human rights in India. Commonly described as “bulldozer justice”, the practice involves the use of municipal and town planning laws to demolish residential and commercial structures in circumstances where the timing and manner of enforcement may suggest that demolition is being employed as a form of punishment rather than as a legitimate regulatory measure. This paper examines the constitutional and legal implications of such punitive demolitions within the domestic Indian legal framework. It analyses the impact of the practice on Articles 14, 21 and 300A of the Constitution, particularly the rights to equality, shelter, livelihood and property, while also examining the principles of natural justice, proportionality, separation of powers and the prohibition against collective punishment. The paper further examines the manner in which municipal legislation, with particular reference to the Madhya Pradesh Municipal Corporation Act, 1956, may be invoked as a statutory justification for demolition and the procedural safeguards that constrain the exercise of such powers. It critically analyses the Supreme Court’s decision in In Re: Directions in the Matter of Demolition of Structures (2024), including its mandatory requirements concerning notice, hearing, reasoned orders, waiting periods and accountability of public officials. The paper also considers the emerging jurisprudence on public law compensation and State liability for unlawful demolitions. It argues that municipal regulatory powers cannot be transformed into instruments of extra-judicial punishment and that effective constitutional safeguards require not only procedural compliance but also meaningful mechanisms for restitution, compensation and personal accountability.

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Authors: KARTIKEY AGRAWAL & APOORVA JAMRARegistration ID: 1013278 | Published Paper ID: IJLRA13278 & IJLRA13279Year: Oct-2026 | Volume: 3 | Issue: 7Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 334-352

Article Information

“BULLDOZER JUSTICE AND CONSTITUTIONALISM IN INDIA: EXAMINING PUNITIVE DEMOLITIONS, HUMAN RIGHTS AND THE RULE OF LAW”

Authors: KARTIKEY AGRAWAL, APOORVA JAMRA

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 7
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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