Highlighting that the Supreme Court had held so-called bulldozer justice to be illegal, Chief Justice BR Gavai on Wednesday said that the “executive cannot become judge, jury and executioner all at once”, The Times of India reported.

The chief justice said that the right to shelter was a fundamental right, PTI reported.

There are no provisions in Indian law that allow for the demolition of property as a punitive measure. However, the practice has become commonplace in Bharatiya Janata Party-ruled states.

In November, the Supreme Court held as illegal the practice of demolishing properties of persons accused of crimes as a punitive measure. It said that processes must be followed before removing allegedly illegal encroachments.

On Wednesday, referring to the judgement, Gavai said: “…the court held that such arbitrary demolitions, which bypass legal processes, violate the rule of law and the fundamental right to shelter under Article 21”.

Gavai also said that for common citizens, building a house was “often the culmination of years of hard work, dreams and aspirations”, The Times of India reported. “A house is not just a property but embodies the collective hopes of a family or individuals for stability, security and a future,” the chief justice added.

The chief justice made the comments at a gathering of judges in Italy where he spoke about the role of the Constitution in delivering socio-economic justice.

Also read: Why does ‘bulldozer justice’ continue in spite of the Supreme Court ruling it illegal in November?