Indian Judiciary today

Indian Judiciary today

 

Judicial activism and judicial overreach are growing and violate the doctrine of separation of powers by taking on the functions such as law enforcement, policymaking, and lawmaking. 

It is well documented in the constitution that the judges should not enter the fields constitutionally earmarked for the legislature and the executive. Judges cannot be legislators, as they have neither the mandate of the people nor the practical wisdom to understand the needs of different sections of society.

They are forbidden from assuming the role of administrators; governmental machinery cannot be run by judges as that is not the intention of our constitution-makers. 

While interpreting the provisions of the constitution, the judiciary often rewrites them without explicitly stating so. As a result of this process, some of the personal opinions of the judges crystallize into legal principles and constitutional values and are carried over by lawyers as laws/rules/acts in their arguments and are equally supported/accepted by the judiciary in deciding the cases. 

This activism and overreach must be stopped and curbed as soon as possible.