There are three organs of the government: judiciary, legislature, and executive. They enjoy distinctive powers with an inability to interfere in each other’s working dimensions.
What is judicial overreach?
- There are three organs of the government: judiciary, legislature, and executive. They enjoy distinctive powers with an inability to interfere in each other’s working dimensions.
- It ensures that no organ is able to misuse its power or indulge in infringement of individual rights. It is a perfect system of checks and balances that our respected Constitution actively promote
- The judiciary plays a pertinent role as the sole interpreter and protector of the Constitution of India. It works on the lines of ‘Rule of Law’.
- The judiciary is now believed to be stepping into the matters of law-making and governance which is undesirable as it falls under the dominion of the legislature and executive respectively.
- This is commonly referred to as Judicial overreach. It is a negative and objectionable version of Judicial activism.
What are some of the sighted examples of judicial overreach?
- Curbing Diwali fireworks, denying the executive a role in the appointment of judges and monitoring investigations are considered as some of its overreach.
Judicial Activism vs. Judicial Overreach
- Judiciary is entrusted with the duty of deciding whether a law passed by the Parliament is constitutional or not.
- If a law is against the basic structure of the Constitution, it has the power to nullify it. This is called Judicial Review.
What is the source of power for judicial review?
- Article 142 provides that “the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
