It was only two days ago on March 25, 2025, the Supreme Court of India said on demolitions of houses in Prayagraj in Utter Pradesh within 24 hours of serving notice, it had “shocked the conscious of the court”. A bench of Justice Abhay Oka and N Kotishwar Singh had termed this as the state’s high-handedness. It was not an isolated case of Bulldozer justice, even after a Supreme Court’s November 2024 direction in which it said “Bulldozer Justice is Unacceptable”. “Bulldozer justice” though originated in Uttar Pradesh, it has spread in other states too where the BJP governments are in power.

The latest example is from Maharashtra. After the recent Nagpur violence of March 17, the municipal corporation officials demolished several houses. Terming the action ‘high-handedness’ the Nagpur Bench of the Bombay High Court has questioned why the owners were not even issued a notice that the construction was illegal. “Is the NMC targeting the petitioners based on their religion? It asked.

BJP led government in Maharashtra has threatened more demolition despite the High Court condemning the bulldozer action and its passing an order to halt the demolition forthwith. Nevertheless, Chief Minister of Maharashtra, Devendra Fadnavis has said, “Where a bulldozer is needed, it will be used.” He vowed strict action against Nagpur rioters.

“In Maharashtra, we take action our own way. Where a bulldozer is needed, it will be used. Any wrongdoing will be crushed, and no one will be spared. Whatever damage has happened will be recovered from the rioters. If they do not pay the money, their property will be sold to recover the damages. Wherever required, bulldozers will also be used,” said Fadnavis.

It was only on March 24, the Supreme Court of India had issued contempt notice over demolition in Maharashtra as punitive action without notice. The Supreme Court has found the demolition a violation of its earlier guideline of November 2024. The guideline had made officials accountable for the damage and said that the cost for restoration would be recovered from their salary.

The demolition in that case was carried out on February 24. The persons whose houses were demolished were accused of raising “anti-India” slogans. On February 23, while a person was returning from a mosque, a mob asked his name, and thrashed him and others, led them to police station, and an FIR was lodged. Next day, their houses were demolished. It was alleged that the minor accused had raised anti-India slogan during the India-Pakistan cricket match last month. BJP leader Nilesh Rane had allegedly sought demolition of their property and officials did that promptly.

There is also a case of demolition of an art studio in Maharashtra, after vandalism, and an FIR against an artist who had criticised the Deputy Chief Minister. BMC has alleged that there were building code violations.

The demolition actions were supported by Uttar Pradesh Chief Minister Yogi Adityanath also. He said, “Those who believe in justice, justice is done for them. Those who take justice and law into their own hands, they are taught a lesson in the framework of law. It should be explained in the language in which they understand.”

It is worth recalling that the term “bulldozer justice” originated and gained prominence first in Uttar Pradesh, when Yogi Adityanath became Chief Minister in 2017, whose government employed bulldozers to demolish properties linked to individuals accused of serious crimes or communal violence. Thereafter, in the last 8 years of his rules witnessed numerous such demolitions, the recent ones being in Prayagraj and Agra.

“Bulldozer justice” then spread in other states and Union Territories too. “Bulldozer justice” were carried out in Madhya Pradesh, Haryana, Gujarat, Uttarakhand and the Union Territory of Delhi. For BJP ruled states, bulldozer has become a symbolic, a tool for punitive actions against the people, who the government first accuses as offender in a crime, and become judge, passes and executive order, and demolish their houses and other buildings they own.

It should be noted that there is no penal crime in which India’s laws have provisions of demolition of properties the accused happen to own, that too without going through judicial process. Executive bypassing the judiciary is unconstitutional.

In the November 2024 judgement, the Supreme Court bench of Justices BR Gavai and KV Vishwanathan had said, “The executive cannot declare a person guilty, as this process is the fundamental aspect of the judicial review. Only on the basis of the accusations, if the executive demolishes the property/properties of such an accused person without following the due process of law, it would strike at the basic principle of rule of law and is not permissible. The executive cannot become a judge and decide that a person accused is guilty and, therefore, punish him by demolishing his residential/commercial property/properties. Such an act of the executive would be transgressing its limits.”

“The chilling sight of a bulldozer demolishing a building, when authorities have failed to follow the basic principles of natural justice and have acted without adhering to the principle of due process, reminds one of a lawless state of affairs, where “might was right”, the bench has said, adding “Such an action also cannot be done in respect of a person who is convicted of an offence.” (IPA Service)