In his last decision Retiring as Chief Justice of IndiaJustice DY Chandrachud argued that citizens’ voices should not be silenced by threats of damage to properties and emphasized that ‘bulldozer justice’ was unacceptable in a society governed by the rule of law.

He underlined that the safety and security of a citizen’s home are fundamental rights that deserve to be protected. Consequently, the state is obliged to follow procedural safeguards and ensure due process before taking action against alleged illegal encroachments or constructions.

“Justice with bulldozers is unknown to any civilized legal system. “There is a serious danger that if overbearing and illegal behavior is permitted by any branch or official of the state, the destruction of citizens’ property will occur as a selective retaliation for irrelevant reasons,” he said. It concerns the demolition of a house in Maharajganj of Uttar Pradesh in 2019.

The top court emphasized: “Citizens’ voices cannot be suppressed by the threat of destruction of their properties and farms. It is the ultimate security farm a man has.”

The Supreme Court hears many cases involving the use of bulldozers to demolish properties allegedly associated with individuals accused of criminal activities. This practice, often referred to as ‘bulldozer justice’, sparked widespread controversy and serious criticism from opposition parties.

Describing ‘bulldozer justice’ as ‘completely unacceptable’, the Chief Justice called for action against the officials involved. In the November 6 decision, which was later uploaded to the court’s website, it was proposed to establish certain minimum thresholds regarding procedural safeguards that must be met before lawsuits can be filed against citizens’ property.

“The state must follow due process before taking action to remove illegal encroachments or illegally constructed structures. Bulldozer justice is completely unacceptable from the standpoint of the rule of law. If this were to be allowed, the constitutional recognition of the right to property under Article 300A would become void,” Justice Chandrachud added.

“A disciplinary investigation should be initiated against state officials who commit or impose sanctions on such an unlawful act. Violations of the law should attract criminal sanctions. Public accountability of public officials must become the norm. The CJI said any action regarding public or private property must be backed by legal process.

The current case before the Supreme Court involves the demolition of the ancestral house of journalist Manoj Tibrewal Akash, which was allegedly demolished in 2019 without proper notice or payment of just compensation.

Justice Chandrachud is officially retiring on November 10, completing his distinguished tenure on the Supreme Court. He took office as the 50th Chief Justice of India in November 2022.