बुलडोजर न्याय और उचित प्रक्रिया: इलाहाबाद उच्च न्यायालय का हस्तक्षेप

The Allahabad High Court's scrutiny of 'bulldozer justice' brings several key constitutional concepts into sharp focus. The court's concern revolves around whether the practice of immediate demolitions following criminal accusations violates fundamental rights and established legal procedures.

One of the central pillars of the Indian Constitution is Article 14, which guarantees equality before the law and equal protection of the laws within the territory of India. This means that all individuals, regardless of their alleged crimes, are entitled to be treated equally and fairly under the legal system. The Allahabad High Court's intervention suggests that 'bulldozer justice' may be undermining this principle by meting out punishment—demolition of property—before guilt is established through due process. The court's framing of questions directly challenges whether these demolitions are being carried out in a manner that is consistent with the guarantee of equality enshrined in Article 14.

Another crucial aspect is Article 21, which protects the right to life and personal liberty. The Supreme Court has interpreted this article expansively to include the right to livelihood and the right to shelter. Demolishing someone's home or business without following due process can be seen as a direct violation of their right to life and personal liberty, as it deprives them of their shelter and means of sustenance. The Allahabad High Court's concern reflects the understanding that 'bulldozer justice' may be infringing upon these fundamental rights guaranteed under Article 21.

The concept of due process of law is also central to this issue. Due process requires that legal proceedings be fair and orderly, ensuring that individuals are given notice and an opportunity to be heard before any adverse action is taken against them. The Allahabad High Court's warning against selective demolitions carried out without notice or hearing highlights the importance of adhering to due process principles. The court's emphasis on the judiciary's exclusive domain over punishment underscores the need for a fair trial and adjudication before any punitive measures, such as demolition, are implemented.

Finally, the Allahabad High Court's reference to previous Supreme Court directions is significant. The Supreme Court has consistently held that property cannot be demolished merely because its owner is accused of an offense; criminal guilt must be established through adjudication alone. This reflects the principle that every individual is presumed innocent until proven guilty and that punishment should only be imposed after a fair trial. The Allahabad High Court's examination of 'bulldozer justice' seeks to ensure that these established Supreme Court precedents are being followed and that the constitutional rights of individuals are being protected.

For UPSC aspirants, this issue is relevant to both Prelims and Mains. In Prelims, questions can be framed on Articles 14 and 21, due process of law, and the powers of the High Courts and Supreme Court. In Mains, this topic can be used to discuss issues related to the rule of law, judicial activism, and the protection of fundamental rights (GS Paper II).