"Extrajudicial State Violence and the Erosion of Criminal Justice Legitimacy"
Bulldozer Justice
demolition of property of accused persons by state authorities without following due legal process.
Procedural Justice
the principle that people comply with law when they perceive legal institutions as fair, legitimate, and trustworthy.
The rule of law is a foundational constitutional principle in India. Article 21 guarantees that no person shall be deprived of life or personal liberty except according to procedure established by law. The Supreme Court has interpreted this to include the right to a fair trial, the right against arbitrary arrest, and the right to due process. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure, continues to govern arrest, bail, and trial procedures, embedding procedural safeguards at every stage.
The police in India are a state subject under the Seventh Schedule. They are legally authorised to use force, but only within the limits set by law. The Model Police Act, 2006, recommended by the Soli Sorabjee Committee, sought to make police forces more accountable and independent of political interference. Despite this, structural reforms have remained incomplete in most states. Courts have repeatedly held that the state cannot act as judge, jury, and executioner. In D.K. Basu v. State of West Bengal, the Supreme Court laid down binding guidelines on arrest and detention to prevent custodial abuse.
The criminal justice system in India rests on three pillars: the police, the prosecution, and the judiciary. Each is expected to operate within its defined legal mandate. When any pillar bypasses its legal constraints, whether through extrajudicial demolitions, targeted shootings of suspects, or coercive pre-trial detention used as de facto punishment, the entire system's legitimacy is undermined.
The term bulldozer justice refers to the practice of demolishing properties of individuals accused of crimes, often without following due process under the Transfer of Property Act or municipal demolition laws. Courts have flagged this as a violation of Article 300A (right to property) and Article 21. Similarly, leg-shooting operations, deliberately injuring suspects in the legs during encounters, are presented officially as controlled use of force but raise serious questions about proportionality and the right to life.
These practices gain public acceptance partly because of what sociologist David Garland calls the culture of control: when fear and insecurity dominate public discourse, punitive state action appears politically attractive even when it bypasses legal norms. Tom R. Tyler's research on procedural justice shows that people comply with law not merely out of fear of punishment but because they perceive legal institutions as fair and legitimate. …
The judicial systems in India and UK seem to be converging as well as diverging in recent times. Highlight the key points of convergence and divergence between the two nations in terms of their judicial practices.
With reference to India's criminal justice system, consider the following statements:
1.Police and public order are subjects listed in the State List of the Seventh Schedule.
2.The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Indian Penal Code.
3.The principle of minimalist criminalisation holds that criminal law should be invoked only as a last resort.
4.India's recorded crime rate is approximately 445 per 1,00,000 people.
How many of the above statements are correct?
Consider the following statements regarding constitutional protections relevant to extrajudicial demolitions by state authorities in India:
1.Article 21 protects life and personal liberty and has been interpreted to include the right to fair procedure.
2.Article 300A provides that no person shall be deprived of their property save by authority of law.
3.The right to property under Article 300A is a Fundamental Right enforceable directly under Article 32.
4.The D.K. Basu judgment laid down binding guidelines on arrest and detention to prevent custodial abuse.
How many of the above statements are correct?
Consider the following statements about the right to property in India:
1.The right to property was originally a Fundamental Right under Article 19(1)(f) of the Constitution.
2.The 44th Constitutional Amendment removed the right to property from the list of Fundamental Rights.
3.Article 300A, which now protects the right to property, can be enforced directly through a writ petition under Article 32.
4.Demolition of property by state authorities without following due legal process can be challenged under Article 300A.
Which of the statements given above are correct?
Match the following concepts with their associated thinkers:
1.Culture of Control — A. Marc Galanter
2.Conflicts as Property — B. David Garland
3.Why the Haves Come Out Ahead — C. Nils Christie
4.Governing Through Crime — D. Jonathan Simon
Which of the following is the correct matching?
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