25 Apr Rule of Law : A fundamental of democratic politics : An Analysis in special context to Bulldozer drive
Rule of Law : A fundamental of democratic politics – Today Current Affairs
Context : Recently , It has been observed that , state generally used bulldozers for demolishing the property (House and shops) of accused before any proper judicial trial. However this policy of the government is being praised by some section of the society and these people compare bulldozer drive with quick justice but the question remain that without any faire judicial trial whether these types of activities are not the violation of law , whether these activities are not the symbol of dictatorship of the state and not the the harmful of any civilization. Whether these activities do not damage the democratic prestige of India in the world. Whether these are not the violation of the constitution and the violation of international law. These types of the issues must be brought for the discussion and if required, some amendments must be done in IPC /CrPC and Indian constitution .
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Introduction :
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws. It means state would not discriminate among the people on the bases of the caste , creed, race, sex while imposing any law . The Indian constitution also consists of the rule of Law . Article 14 of the Indian constitution clearly explains the rule of law. For the democratic politics , rule of law is a mandatory element .
History of Rule of law : The Hindu Analysis
- Generally , it is considered that Aristotle described rule of law during the 4th century BC and he clearly distinguished between rule of law and the rule of individuals. In Arthashastra however , the rule of law is clearly given but it should not be ignored that in ancient India discriminations had been based on the varna system. But the provisions for all the varnas were clearly described in the religion text (Dharma Shastra). The Hindu Analysis
- By the 18th century Montesquieu describe the rule of law and it is called the legitimate authority of the monarch. In general, the rule of law implies that the creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated, so that no one—including the most highly placed official—is above the law. However some privileges should also be given to selective important persons .
- Bulldozer drive and Violation of rule of law are nowadays the subject of debate . Many people say that bulldozer drive is the means of quick justice Government also justify bulldozer drive either on the ground of illegal encroachment or pressurizing the accused . The statement of the NDMC that the demolition was a part of a drive against “illegal encroachments” seems to be a legal smokescreen for its more insidious action.
- If we observe the legalities of the colonies of Delhi, only 24 % of the settlement in Delhi is legal, should the remaining 76 % of the settlement be demolished? Definitely not , it should be regularized . The Hindu Analysis
- he Draft Master Plan of Delhi, 2041 also acknowledges the informality that characterizes Delhi when it states that such unplanned areas have “emerged as high density, mix-use hubs, providing affordable options for housing, micro, small and medium enterprises”. Within the web of such urban informality, people make claims over property through various legal, political, and documentary means. Since the 1970s, there have been many waves of regularization of “unauthorized colonies” initiated by the state. Central government has passed PM-UDAY (Unauthorized Colonies in Delhi Awas Adhikar Yojana) scheme and through this yojna, the property rights of unauthorized colonies were also recognized by the state .
- Besides , no public authority can demolish buildings without giving any prior notice and the right to hear that party. It is a complete violation of natural justice also (Delhi Municipal Corporation Act, 1957 and the Delhi Development Act, 1957). Section 343 of the Delhi Municipal Corporation Act, 1957, however allows the authority to demolish the building but it shall be made” unless a notice is served to give the affected person “a reasonable opportunity of showing cause why such order shall not be made”.
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Conclusion :
As per the above discussion, it is almost clear that , in a civilized society and a democratic country such type of bulldozing can not be justified . Government should be more rational in this regard. This is the era of communication . These incidents definitely would fade the democratic character of India in front of other democratic countries of the world . India is one of the most democratic countries as well as the country of oldest civilization in the world . The rule of law had been followed in India even in the Ancient period . therefore we must follow the instruction of constitution, judgment of the honorable supreme court and high courts (Udama Singh vs Government of Delhi , 2010 Delhi high court gave a verdict which mandated that the state should comply with fair procedure before undertaking any eviction which got further crystalized in the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015. In Ajay Makan vs Union of India (2019), a case concerning the legality of the demolition of Shakur Basti, the Delhi High Court held that no authority shall carry out eviction without conducting a survey, consulting the population that it seeks to evict and providing adequate rehabilitation for those eligible.)
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Source : The Hindu (Editorial )
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