ON November 13, 2024, the Supreme Court, while exercising its power under Article 142 of the Constitution of India In Re: Directions in the matter of demolition of structures, issued guidelines to ensure fair procedure to be followed for the demolition of illegal structures.
The new demolition guidelines by the division Bench comprising Justices B.R. Gavai and K.V. Viswanathan claim to balance due process with decisive action, promising transparency, fairness and accountability in handling unauthorised constructions.
Justice Gavai, before elucidating the guidelines, analysed the intersection of demolition with the rule of law, its relevance to the separation of power, the doctrine of public trust and accountability, the right to shelter, natural justice and the presumption of innocence.
Bulldozing the rule of law and blurring the separation of powers
The rule of law, as conceptualised by A.V. Dicey, states that no person is punishable except in accordance with the procedure established by law, no person is above the law and it is the general principles of law that determine the rights of the people, i.e., the legal spirit predominates.
While reiterating the rule of law, Justice Gavai has observed that “there is no scope for arbitrariness by officials, and that no one can be punished or made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land.”
