CJI Gavai slams ‘bulldozer justice’, says executive can't play judge, jury and executioner

In a sharp reaffirmation of constitutional safeguards, Chief Justice of India B R Gavai recently condemned the practice of “bulldozer justice”, warning that the executive cannot assume the role of judge, jury, and executioner.

Speaking in Italy on the “Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian”, CJI Gavai drew attention to the Supreme Court’s 2024 judgment that outlawed arbitrary demolitions of homes and properties without due legal process.

“The Court examined the actions of state authorities demolishing homes of accused individuals as a form of pre-trial punishment,” Gavai said, adding that such acts directly violate the rule of law and the fundamental right to shelter guaranteed under Article 21 of the Constitution. “The executive cannot become judge, jury, and executioner all at once.”

Quoting the 2024 ruling, the CJI said the Court had recognized the deep socio-economic significance of owning a home: “For an average citizen, the construction of a house is often the culmination of years of hard work, dreams, and aspirations.”

Emphasizing the wider implications of socio-economic justice, CJI Gavai said it is not merely about welfare or redistribution but about ensuring every citizen lives with dignity and participates equally in the nation's political, economic, and social life. “Without addressing structural inequalities that marginalize large sections of society, no nation can claim to be truly progressive or democratic,” he cautioned.

Recalling the historic tensions between Parliament and judiciary during India’s early constitutional years, Gavai highlighted how those struggles led to the landmark 1973 Kesavananda Bharati verdict which enshrined the unalterable 'basic structure' doctrine.

Over time, he noted, the Supreme Court recognized that formal equality alone was insufficient. “Substantive measures were necessary to realize the Constitution’s promise of justice and dignity for all,” Gavai said, adding that both Parliament and judiciary have worked in tandem to expand the scope of socio-economic rights.

He cited key legislative measures enacted by Parliament that seek to correct historical injustices and systemic oppression—among them the Bonded Labour System (Abolition) Act, Child Labour (Prohibition and Regulation) Act, Dowry Prohibition Act, and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

“These laws represent conscious efforts to build a legal framework that upholds dignity and equal rights for all citizens,” CJI Gavai asserted.