Judicial Overreach: Just Because its Judiciary is it Just?

  • Nisha Bharti and Sukrit Katriar
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  • Nisha Bharti

    Student at University of Petroleum and Energy Studies, India

  • Sukrit Katriar

    Student at University of Petroleum and Energy Studies, India

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The Legislative arm of India's government has been particularly vocal in its criticism of the judiciary, arguing that the courts have overstepped their bounds in their interpretation of the law and have now evolved into an additional constitutional legislative body. Judicial overreach has been used to describe this. a few instances According to a decision by the Supreme Court, operators with revoked 2G licences must stop operating . Karnataka and Goa have both outlawed the mining of iron ore. The Gujarat High Court has mandated that all newly registered automobiles in the state must be CNG-powered. At a toll booth in Gurgaon, the Chandigarh High Court is assessing what tolls should be levied. According to some, the courts now perform duties that were formerly reserved for the legislative, the government, and the judiciary as outlined in the Constitution. The charge of overreach is based on the premise that the judiciary in India has exceeded its constitutionally mandated authority limit, with the Indian Supreme Court being the primary perpetrator. The division of powers between the administration, legislature, and judiciary, in conjunction with supervision, is that constitutionally defined boundary, according to the opponents. For instance, the current Loksabha speaker is acknowledged to be exerting unceasing effort "staunchly seeking citizen support for safeguarding the separation of powers contained in our constitution and which defines its core structure. " As "glaring examples of divergence from the explicitly specified constitutional framework of separation of powers," he noted two recent Supreme Court decisions in two different situations.This critique includes the fact that the Indian legislature holds "a significantly higher position" among the other branches of the government since it is elected to express the sovereign will of the people, the speaker claims. According to Lord Acton, unlimited power corrupts utterly. Power tends to be corrupting. The independence of the judiciary is emphasised in the Indian Constitution. To ensure that the laws made for the people are constitutional, the courts in the nation have been given unique authority. The judiciary has been given the authority and obligation to interpret the terms of the constitution, which is a revolutionary document. Several legal experts, attorneys, and judges themselves have criticised the Indian court in recent years for taking excessively aggressive positions and overreaching.



Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 2175 - 2185

DOI: https://doij.org/10.10000/IJLMH.114652

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