The bureaucracy is well aware that passing of any order prohibiting practising of trade by any section of citizens in any part of India violates the Constitutional provisions in letter and spirit. It violates all constitutional ideals ranging from justice, equality, liberty, fraternity enshrined in the Preamble to various freedoms and rights granted in Part III of the Constitution, writes former IAS officer Sunil Kumar
Attacks on ideals of constitutionalism and due process of law continue unabated. Fundamental rights of citizens are being slowly knawed away. Separation of powers, the cornerstone of constitutional system of checks and balances devised to safeguard individual liberty, is slowly getting eroded with executive and legislature colluding to cock a snook at the judiciary.
Readers may recall reading about the ‘resolution’ adopted by Gram Sabha of Madhi, Ahilyanagar district, Maharashtra on February 22, 2025 banning Muslim vendors from setting up shops at the local Kanifnath Yatra festival in the Indian Express[i]. The said resolution was declared invalid by the District officials. On March 11, the Aurangabad Bench of the Bombay High Court also ordered a stay on the effect, operation and execution of the said resolution till April 8 after a writ petition was filed by local Muslims[ii]. However, the Gram Sabha has reportedly passed another resolution on March 12 to the effect that vendors who did not follow ‘rudi parampara’ or traditional practices, would not be allowed to set up shops in the village. They avoided use of the word ‘Muslim’ in the new resolution. Consequently this year not a single shop permit, of almost 1500 issued by the Gram Panchayat for the duration of the festival (from March 13 – Holi to end on March), has been given to any Muslim vendor even as over 400 shop permits had been given to them last year.
Another news item that caught my attention in The Hindu, Monday, March 17, 2025, Mumbai city edition, pg 4, was captioned “Prohibit ‘Non-Hindus’ from Char Dham Yatra route: Kedarnath MLA”. It is alleged that local businessmen of the area had complained about the sale of non-vegetarian food and liquor on the route which hurt the sentiments of Hindu pilgrims. This is in another corner of the country in Uttarakhand.
Likewise, the news of the arrest of two Telangana journalists – Pogadadanda Revathi, the Managing Director of Pulse News and Thanvi Yadav, a reporter for the same channel – by Hyderabad Police’s Cyber Crime division on March 12 for posting and amplifying allegedly abusive content against Chief Minister Revanth Reddy[iii] illustrated that, no matter which regime was in power, intolerance to any form of criticism was the order of the day.
Then on March 16, 2025, a news report published in The Hindu, Mumbai edition mentioned that “Authorities raze ‘illegal’ residences of accused in Ahmedabad mob violence”. The news report went on to mention that the authorities demolished ‘illegally constructed’ houses of six out of 14 accused arrested for attacking people and rioting in Ahmedabad. The demolition drive was undertaken by Ahmedabad Municipal Corporation. It may be recalled that the Supreme Court had ruled in its judgment delivered on November 13, 2024 in Writ Petition (Civil) No.295 of 2022 with Writ Petition (Criminal) No. 162 of 2022 and Writ Petition (Civil) No. 328 of 2022,that it is unconstitutional to demolish a person’s property without adhering to the due process of law and simply on the grounds of alleged involvement in a crime. Earlier, in Malvan in Sindhudurg district of Maharashtra, the authorities had razed the scrap shop of the family without issuing any notice and arrested the parents of a minor boy who allegedly raised anti-national slogans during the course of India-Pakistan cricket match. The outcome of the intervention by Maharashtra State Human Rights Commission in the matter[iv] would be watched with keen interest.
What do all these news ‘stories’ communicate to the readers? What is the central message therein? Let us try and decode them. In the first story, the central message seems to be the brazenness of a section of the Gram Panchayat led by the Sarpanch to persist with an action that is clearly ‘unconstitutional’. They realized that passing a resolution of Gram Sabha barring Muslim shopkeepers from setting up stalls in the Kanifnath Yatra fair was ‘unconstitutional’. They were also aware that the High Court had passed a ‘stay order’ on the Gram Sabha resolution of February 22, 2025. However, the Sarpanch and his supporters in the Gram Panchayat passed another resolution of the Gram Sabha on March 12 wherein, I presume based on legal advice, they avoided using the word Muslim and inserted the term ‘non-believers in ‘rudi parampara’ or traditions to deny shop permits to any Muslim vendor in 2025. The Gram Sabha has consequently openly flouted the ‘stay order’ issued by the High Court and the declaration of February 22 resolution of the Gram Sabha void by the BDO following an enquiry. The ruling dispensation seems to believe that if several Gram Sabhas pass such resolutions then ‘non-colluding’ sections of executive and judiciary would be forced to bow down before manufactured ‘popular will’!
The demand to prohibit ‘non-Hindus’ from undertaking business activity on Char-dham route during the upcoming Yatra season is of a similar nature but on a larger scale. It is not restricted to a Gram Panchayat area but covers several districts of Uttarakhand state. The demand is being articulated by a MLA and not some Sarpanch of a Gram Panchayat or by a Gram Sabha who may or may not be aware of constitutional provisions. Recently, during the Mahakumbh organized in Prayagraj, similar demand had been made by a section of sadhus – Akhil Bhartiya Akhara Parishad (ABAP)- before the commencement of the Mahakumbh. Officially, the Prayagraj district administration had clarified that there was no official restriction on Muslim shopkeepers participating in the Mahakumbh Mela. Officials had also stated that stall allotments were based on standard procedures, and no religious discrimination had been mandated by the government. But if we take a closer look at these isolated incidents / demands articulated by so-called ‘fringe elements’ which do not reflect the state policy or the precise legal position and from which the State can safely distance itself away, if and when questions are raised, then a pattern seems to emerge, which will be explained later.
The bureaucracy is well aware that passing of any order prohibiting practising of trade by any section of citizens in any part of India violates the Constitutional provisions in letter and spirit. It violates all constitutional ideals ranging from justice, equality, liberty, fraternity enshrined in the Preamble to various freedoms and rights granted in Part III of the Constitution. However, the fall out of these controversies that erupt in the public domain is that society gets polarised into ‘us’ and ‘them’; an imaginary ‘enemy’ is created and social cohesion torn asunder. Fearing their safety and adverse impact of such appeals on their business, several traders would voluntarily opt out from seeking ‘shop licenses’ from either the Mahakumbh authorities, or the Gram Panchayat in Madhi, Maharashtra or the civic authorities of different town areas and Municipalities on Char Dhaam Yatra route! Applications of those who still have the temerity to apply for and seek shop licenses can be rejected on ‘technical’ grounds or they can be forced to withdraw by so-called fringe groups. The way fringe groups have acted with impunity in so called incidents relating to ‘love jihaad’ or ‘cow protection’ in different states over the last decade or so leaves the ‘others’ with no choice other than to retreat!
Likewise, having journalists arrested for uploading critical comments on the working of Telanagana government similarly strikes at the heart of ‘freedom of speech and expression’ – a fundamental right guaranteed by the constitution to every citizen. When in opposition, all political parties swear by ‘freedom of the press’. But once in power, they love to have ‘godi media’ in operation where no critical questions are asked, government propaganda is accepted and circulated as ‘gospel truth’ and media is viewed as cozying up to the powers that be. In terms of pure business, it makes eminent business sense where business of all stakeholders flourishes. So all talks of having the media – print, electronic and digital – as the ‘chaukhamba’ or fourth pillar of Indian democracy, as Ram Manohar Lohia had put it, which acted as an important check on unbridled power of the executive, remains largely unrealized. It is a matter of concern that India’s slide on the World Press Freedom Index, 2023 (161st rank) is not only due to action or inaction of the ruling National Democratic Alliance at the Union and State level but also due to the action/ inaction of States ruled by the Opposition parties!
The flouting of directives issued by the Supreme Court on November 13, 2024 relating to demolitions by State agencies and civic authorities as illustrated by the incidents in Malvan in Sindhudurg district in Maharashtra and in Ahmedabad in Gujarat (referred to above) are symptomatic of agencies ‘testing’ the extent to which orders of the highest judiciary in the country can be flouted without attracting severe penalties. It seems the macho image associated with ‘bulldozers’ has become the preferred short-cut for police and civil administration to show quick results and please their political masters. For the politicians, ‘bulldozer action’ has become the metaphor for showing the opposition and to people as to who wields real power and what could be the outcome of any challenge to state power. The ‘extra legal’ action, ranging from fake police encounters to use of bulldozers to raze residential and commercial establishments of ‘accused’, seems to have become an accepted part of administrative toolkit selectively used against certain citizens. Certain sections of State administration and political parties seem to be complicit in the use of these illegal measures notwithstanding periodic adverse judicial pronouncements. They believe that it can conceal the sordid functioning of a dysfunctional and corrupt system from public eye.
If we analyse the developments alluded to over a longer time frame and area, then a very disturbing trend seems to be emerging. It seems that so-called ‘fringe’ groups like VHP, Sri Ram Sene, ABAP, Gau Raksha Dals etc. are now being replaced by State Authorities – police, civic officials, district administration – who through their acts of ‘bulldozer justice’ are questioning the base of constitutional law itself. If police and civic officials can get away with flouting the directions of the Supreme Court delivered on November 13, 2024 and continue with their brazen ‘extra-legal’ acts of demolition of houses and establishments of alleged (not proven) criminals, then the distinction between the protectors of law and criminals increasingly gets blurred. More often than not, the victims are from the poor class and are in no position to stand up to authority and/or challenge their illegal acts in courts of law. Remember, when a certain Sameer Wankhede, an officer of the anti-narcotics department in Mumbai, had implicated the son of a popular actor and arrested him, he had become an instant hero. Later, it emerged (largely because the actor could seek the support of top criminal lawyers and fight the case in courts and outside) that the said officer had planted narcotics on the accused, had not followed the due process of law and was abusing his power to make money.
When authorities charged with upholding the constitution and adhering to due process of law in the country themselves begin to willfully challenge the authority of law, then one can imagine the severity of the crisis unfolding in the country. Using brute majority, whether in Gram Sabha, Vidhan Sabha or Lok Sabha to silence the opposition and make policies, laws and rules which are discriminatory and violative of the spirit of the constitution is akin to use of bulldozers in legislation and policy making sphere. Open challenge to orders of Supreme Court and High Court, whether by executive or the lower judiciary itself (as illustrated by the conduct of a Judge of Allahabad High Court who reportedly used the word ‘kathmulla’ to describe Muslims) strikes at the very roots of rule of law. The net outcome is that India is ranked 79th out of 142 countries on the Rule of Law Index, 2023 prepared by World Justice Report. Even Nepal (69) and Sri Lanka (75) are ranked above India.
Prof. Suhas Palshikar has been very lucidly writing about what democracy is all about. He has clearly mentioned that “democracy is a delicate balance among foundational norms, procedural restraints and popular wishes. Such an idea of democracy is a hindrance to megalomaniac projects of reshaping norms, undermining procedures and hijacking popular sentiments.[v]” What we are witnessing in the country today is a deliberate attempt to weaken established institutions and undermine due process of law. The end result is that good governance becomes the casualty and the world sees the largest functioning democracy in the world as ‘flawed democracy’. It is important that citizen’s faith in our democratic institutions is strengthened and attempts by miscreants and their supporters to undermine rule of law is foiled. Prompt and exemplary punishment needs to be meted out to those ‘cocking a snook’ at rule of law.
(Shri Sunil Kumar is a former civil servant. Views expressed are personal.)
[i] The Indian Express, Monday, March 3, 2025, Delhi edition. ‘Madhi Yatra: Rane backs villagers over resolution to ban Muslim traders’
[ii] The Indian Express, Monday, March 17, 2025, Pune Late city edition; Pg.1 &2 ‘Left Madhi with unsold goods’: vendors who were not allowed stalls
[iii] Two journalists arrested for posting ‘derogatory’ video against Telangana CM; ByHT Correspondent, Mar 13, 2025 08:28 AM IST
[iv] The Indian Express, Monday, March 12, 2025, Pune Late city edition: ‘Maharashtra Rights panel seeks report from collector on Malvan demolition – Takes suo motu cognisance of Indian Express reports on slogan incident’
[v] The Indian Express, November 18, 2024, Delhi edition: Opinion – Suhas Palshikar: ‘SC verdict is welcome – but the ideological political bulldozer remains’
