Judicial Overreach

The role of the Judiciary in India has recently come under considerable attack, particularly from the Legislative branch, which feels that the courts have been exceeding their authority in interpreting the law, and that they have become an extra constitutional lawmaking body. This has been called Judicial Overreach. A few examples:

  • Supreme Court has ruled that operators with cancelled 2G licences should stop services.
  • Iron ore mining has been banned in Karnataka and Goa.
  • Gujarat High Court has ordered that all new vehicles registered in the state should run on compressed natural gas.
  • Chandigarh High Court is deciding what tolls should be charged at a toll plaza in Gurgaon.

Some are of the opinion that the courts have moved far beyond the function assigned to them under the Constitution’s division of responsibilities among the legislature, the executive and the judiciary. This cannot but hurt the nation.

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Comments

  • Krishna Murthy
    Reply

    more important is the inaction of judiciary in matters where it should act;valid arguments were presented that the demonetisation in november 2016 was illegal;but the court chose not to interfere;nothing is done to simplify and speed up justice;