12 May 2021 Judicial Overreach
Posted at 07:39h in Daily current-affairs 0 Comments
Judicial intervention in response to the Union government’s flailing response to the health crisis has reached its apotheosis with the Supreme Court order forming a 12-member national task force
Court Intervention and issue involved
- Concerns about the judiciary encroaching on the executive domain
- The national task force has become a judicially empowered group that may significantly guide the handling of the health crisis set off by the second pandemic wave.
- Karnataka High Court ordered that the Centre should supply 1,200 tonnes of medical oxygen daily to the State
- High Courts and the Supreme Court are examining different aspects of the pandemic response, including availability of beds and oxygen
- Judicial Overreach refers to an extreme form of judicial activism where arbitrary, unreasonable and frequent interventions are made by judiciary into the legislature’s domain.
- It is often exercised with the intention of disrupting the balance of powers between executive, legislature and judiciary.
- It is a situation where the court encroaches upon the role of the legislature by making laws
Why Judicial overreach?
- Executive and legislative Inaction
- Delay in parliamentary process
- Judicial hyper-activism
Issues with Judicial overreach:
- Undermine the power of Legislative
- Separation of Power
Examples of Judicial Overreach
- Imposition of Patriotism in National Anthem Case: All should stand while playing National Anthem
- The Supreme Court struck down the National Judicial Appointments Commission (NJAC) which was established through the 99th Constitutional Amendment
- Allahabad High Court Order: In 2015, the Allahabad High Court passed an order stating that children of public functionaries/ bureaucrats in Uttar Pradesh should be enrolled only in government schools