Top court strengthens rule of law, reiterates separation of powers

The Supreme Court verdict establishing safeguards against arbitrary demolitions serves as a powerful statement against the misuse of executive authority, particularly in instances of what has been termed "bulldozer justice".

- Utkarsh Anand

This judgment is a landmark in reinforcing the principles that define a democratic State, particularly the rule of law and separation of powers, which are central to a functioning, equitable legal system. It is a response to the recent trend of demolishing properties in a seemingly arbitrary manner without adequate procedural safeguards, often under the pretext of maintaining public order.

The court's ruling emphasizes the importance of lawful procedure, judicial oversight and constitutional protections to ensure that no individual's rights are trampled under the weight of executive expediency.

In issuing this ruling, the bench of justices Bhushan R Gavai and KV Viswanathan underscored the rule of law as the cornerstone of a democratic society, reminding government authorities that they are bound by established laws and must be held accountable for any overreach.

The court also reaffirmed the doctrine of separation of powers, making clear that each branch of government must operate within its designated boundaries. Only the judiciary, the court asserted, has the authority to judge and impose penalties, thereby preventing the executive from acting as both judge and executioner by demolishing properties of those involved in criminal cases.

The top court observations on the rule of law, separation of powers and government accountability carry important implications for democratic governance, making it imperative to delve into the judgment's key points.

Rule of law and separation of powers