In ‘demolition raj’, the High Courts as beacons

Source– The post is based on the article “In ‘demolition raj’, the High Courts as beacons” published in “The Hindu” on 12th August 2023.

Syllabus: GS2- Judiciary

Relevance: Issues related functioning of higher courts in protecting the vulnerable sections

News– In the districts of Gurugram and Nuh in Haryana, there have been clashes between Hindu and Muslim communities. The Haryana government has taken to demolishing the houses of persons suspected to be involved in the violence without notice.

What are issues with the demolition drive by the Haryana government?

It’s evident that only the homes belonging to a particular section of population are singled out for demolition. This targeting is both deliberate and exclusive in nature.

The principle of rule of law which guarantees legal equality and equal protection has been disregarded.

Why is SC being questioned for its silence on demolition drive?

When the bulldozers were causing destruction in Uttar Pradesh, the matter was brought before the Supreme Court of India. The court’s reaction was lukewarm.

It heard the government’s assertion that these constructions were unauthorized and legal procedures were being followed. The court’s response observed that proper protocols must be adhered to.

Court should have asked stringent questions about targeting a specific community and the reason behind the swift and abrupt demolitions.

The Supreme Court could have taken suo motu action.

What are criticisms against the working of SC in recent times?

The Supreme Court appears to be yielding more ground. This is evident in the repeated extensions granted to the Director of the Enforcement Directorate.

The SC has not established clear boundaries and administered consequences for each violation. The established boundaries will be breached continuously with impunity without these types of actions.

The examples of prolonged delays in hearing cases are the modification of Article 370, electoral bonds, demonetization, legislative immunity under Article 194, the validity of the Assam Accords, and amendments to the Citizenship Act.

These situations have led to the emergence of an adjudication doctrine where the alleged illegality has persisted for such an extensive period.

Furthermore, notable legal practitioners have been nominated by the collegium for positions as High Court judges. However, the government’s inertia in processing these appointments remains. The Court does not assertively address this issue.

Why is the Punjab and Haryana High Court ruling being appreciated in this case?

The Punjab and Haryana High Court questioned whether it is an act of ethnic cleansing. It is a scathing indictment of the prevailing authorities.

The court went beyond mere inquiry and promptly halted the demolitions. It confronted the State Home Minister’s rationale for the demolitions and promptly reminded him of Lord Acton’s dictum that power tends to corrupt, and absolute power corrupts absolutely.

Significantly, this course of action was undertaken suo motu, initiated by the court itself. Kudos to the esteemed Justices for their praiseworthy action.

Way forward-

The actions of a former Chief Justice of India have triggered significant concerns due to his newfound uncertainties about the basic structure of the Constitution following his appointment to the Rajya Sabha.

This is a moment for us to revisit the wisdom of our legal luminaries, internalize their insights, and live by the principles they advocated.

It’s an opportune time for the High Courts to rise to their vital role, as conferred by Article 226 of the Constitution.