Keeping Pace with Legal Change
In a landmark ruling, the Supreme Court under Justice Abhay S. Oka held that urban demolition authorities must strictly adhere to natural justice principles, including notice and hearing, rejecting summary ‘bulldozer’ actions that deprive citizens of homes without due process.
Bulldozer justice has caught on in India because of its instant effect and powerful political statement. Its deployment, however, is problematic with serious legal and ethical implications in terms of due process and constitutional rights. Again and again, the Supreme Court has held that demolitions must not be applied as a mode of punishment and must adhere to proper legal formalities. While the call for rapid action against criminals is understandable, it should not be at the expense of core legal principles. Guaranteeing fair trials, bolstering the judiciary, and upholding the rule of law are important to avoid the abuse of power and ensure justice for all citizens.
Section 227 of the Bharatiya Nagarik Suraksha Sanhita, 2023, prescribes the process of initiating proceedings in front of magistrates in India’s criminal justice system. It authorizes magistrates to issue summons or warrants on reasonable grounds in summons or warrant cases with due process. The section requires the filing of a list of prosecution witnesses and furnishing a copy of the complaint in written cases. It also facilitates electronic serving of summons or warrants, updating legal procedures. This provision harmonizes judicial expediency with rights to fair trial, superseding Section 204 of the CrPC
