The Judiciary on its Over-reach

Lakshmi Muralidhar
Christ (Deemed to be University), Bangalore, Karnataka, India

Volume I, Issue III, 2018

The present democracy is witnessing a major shift in terms of the fundamental structure of the Constitution of India and the doctrine of separation of powers. The Indian Constitution has surpassed the test of time, however, the tussle between the three organs namely, the Legislature, executive and Judiciary is slowly growing due to various issues emerging in the fast developing country. This article intends to throw light on different times when Judiciary has been criticized for taking a leap greater than its own Jurisdiction, attempting to draw more clarity on the concept of Judicial overreach from the perspective of all the three organs. Without getting into details of the intricate matters pertaining to Judicial interpretation and Judicial Activism, it attempts to analyze and estimate the judiciary’s take on such claims made about it by the two organs.

 

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