K. S. Tomar’s column – Guidelines in the bulldozer case will increase accountability | के. एस. तोमर का कॉलम: बुल्डोजर मामले में दिशा-निर्देशों से जवाबदेही बढ़ेगी

Of. S. Tomar Senior Political Analyst

The Supreme Court bench is in the process of formulating a guideline on bulldozer action, which may have significant legal, political and social implications in the future. The court’s intervention on this issue assumes great significance at a time when the government is being accused of taking selective action.

However, the court said that it is not in favor of any concession in the matter of encroachment, whether it is a temple built on the middle of the road or a mosque. But it is necessary to curb bulldozer action without legal process. These guidelines of the court will prove to be decisive to protect the secular principles of the Indian Constitution. This will improve things at many levels-

1. Legal impact: The Court’s guidelines will strengthen the constitutional principle of due process. Any action taken without following the correct legal procedure can be challenged. The arbitrariness of the state will stop and emphasis can be laid on fair trial of the citizens also. Officials carrying out bulldozer action will be held accountable for not following legal procedures.

2. Political impact: The main reason for criticism of bulldozer action is its use as a political tactic. But once the guidelines are clear, political people will not be able to resort to this to show the power of power. If the action is not found to be in accordance with the Constitution, then the leaders may also have to face consequences. These guidelines will also increase trust in the justice process.

3. Social impact: The bulldozer action has affected marginalized people, including minorities and economically weaker sections. Following the guidelines will ensure that these people get justice and are saved from being unjustly evicted. Apart from this, there is a danger of social harmony getting disturbed at some places due to such actions, they will also reduce.

4. Administrative implications: Local administrations will need to align their protocols regarding demolition operations with the guidelines. This will also improve the administrative process and bring transparency. However, the burden on the courts may definitely increase, as cases challenging such action will increase and people will demand legal intervention. But it can bring biased administrative decisions under scrutiny.

5. Far-reaching impact: The guidelines will give a clear message that administrative action should be taken only as per the law. Apart from this, the officers will also be motivated to take care of rehabilitation and compensation of people instead of focusing on punishment. This will allow a balanced and more humane process to be followed.

In short, the Supreme Court guidelines will lead to a more balanced approach towards law enforcement, with less scope for political misuse of such actions, as well as an emphasis on fairness and accountability. (These are the author’s own views)