NO Bulldozer, Aaj Supreme Court Ka Nirnay.Article 21 quoted #bulldozer #grandmastershifuji #shifuji

Summary

This speech discusses a Supreme Court ruling that limits the executive’s power to demolish houses without judicial approval. It emphasizes the importance of constitutional rights, particularly the right to shelter under Article 21. The speaker highlights that decisions regarding demolitions should be made by the judiciary, not the executive, and outlines the legal process for appeals and notices. The speaker urges adherence to the rule of law, warning against the misuse of executive power, and concludes with a call for justice, trust in the judicial system, and patriotic slogans to uphold the Constitution.

Takeaways

• 😀 The Supreme Court has clarified that no bulldozer should be used to demolish homes without a proper judicial order, as emphasized by Justices BR Gavai and KV Viswanathan.
• 😀 The script stresses that the Constitution of India, particularly Article 21 (Right to Shelter), is supreme and protects fundamental rights like the right to a home.
• 😀 It was highlighted that the executive cannot make decisions regarding property demolitions without judicial oversight, which lies with the courts.
• 😀 The judgment emphasizes that a criminal’s home cannot be demolished without a proper court order, and that emotional ties and personal identity are attached to one’s home.
• 😀 A clear guideline for property demolitions has been set, including a 15-day notice period, an opportunity for appeal, and transparency about the reasons for demolition.
• 😀 Video evidence should be required when demolitions occur to ensure accountability, and a proper portal must document all actions, notices, and decisions.
• 😀 The process allows individuals the right to explain themselves within 15 days after receiving a notice about a possible demolition.
• 😀 The District Magistrate (Collector) must be informed and involved in the decision regarding demolitions, with all relevant details recorded.
• 😀 The script stresses the importance of judicial decisions over executive actions, advocating for trust in the judiciary to make legal determinations and not the executive or media.
• 😀 It underlines the importance of following the law and the Constitution for justice, rejecting vigilante justice and urging that the courts should make final decisions on matters such as demolitions.

Q & A

What is the key legal issue discussed in the speech?

The key legal issue discussed is the role of the judiciary in overseeing demolitions of properties, particularly through the use of bulldozers. The speaker emphasizes that such actions must follow due legal process, as outlined in a Supreme Court ruling, and cannot be decided by the executive or political influences.

What does Article 21 of the Indian Constitution protect, according to the speaker?

Article 21 of the Indian Constitution protects the 'Right to Shelter,' which ensures that every citizen has the fundamental right to live under a roof. The speaker refers to this right as essential for protecting people's homes from unjust demolitions.

What role does the judiciary play in demolition decisions, as explained in the speech?

The judiciary, according to the speaker, must be the final authority in making decisions regarding demolitions. The executive, which includes government officials, cannot make these decisions. The courts are responsible for determining whether a property should be demolished, particularly when it involves legal violations.

What procedural guidelines were established by the Supreme Court in the judgment?

The Supreme Court's judgment outlined several procedural guidelines, including a 15-day notice period for the affected individuals, a right to appeal, clear justification for demolition, and involvement of district magistrates in decision-making. The judgment also requires video documentation of the demolition process and tracking of notices via an online portal.

What does the speaker suggest about political influence on judicial decisions?

The speaker strongly rejects the idea of political influence in judicial decisions. They argue that the judiciary should remain independent and that no political party or executive official should have the power to dictate judicial outcomes, especially when it comes to demolitions.

How does the speaker view the role of executive power in legal matters?

The speaker views the executive's role as limited to enforcing laws, not making legal decisions. They stress that executive actions, such as bulldozing houses, should be guided by judicial decisions and not be based on personal or political vendettas.

What happens if an individual disagrees with a demolition notice?

If an individual disagrees with a demolition notice, they have the right to appeal. The Supreme Court judgment mandates that people must be given a chance to challenge such decisions through a formal appeal process.

What does the speaker mean by 'law in the hands of the people'?

The speaker is warning against people taking the law into their own hands. They emphasize that individuals should not assume judicial powers or make legal decisions themselves, and instead, trust the judiciary to make fair and lawful determinations.

What measures are suggested to ensure transparency in the demolition process?

To ensure transparency, the Supreme Court ruling mandates the creation of an online portal where all notices and their reasons for demolition are recorded. Additionally, video evidence of the demolition is required, providing a clear record of the process.

What is the speaker's view on media trials and their impact on legal processes?

The speaker criticizes media trials, where media outlets often pre-judge individuals before a court decision is made. They argue that such actions distort the legal process and emphasize that accusations should be proven in court, not in the media.