Judicial Activism Vis-A-Vis Judicial Overreach: A Critical Note In The Light Of Doctrine Of Separation Of Powers
Shalini, BA LLB, LLM, Banasthali Vidyapith (Deemed University), Rajasthan
ABSTRACT
Federalism in India has its own unique model, owing to the needs of the newly independent nation, which has led to the generation of idiosyncratic doctrine of separation of powers that serves the localised purpose. Over the years, the functions of the judicial branch of the government have exponentially grown and thus invariably raised the question of the millennia, whether the judiciary is breaching the walls set up by the doctrine of Separation of powers. Judiciary has taken upon itself the duties desired by the Indian Constitution, in contemplation of fulfilling the objective desired by the makers of the Constitution. The evolved model is therefore based on a system of checks and balances, heavily putting emphasis on the role of judiciary and imparted great powers to it therein. As the saying goes, with great power comes great responsibility, the self-restraint on unchecked power of judiciary may pose a threat to democracy. However, it is equally pertinent to note that the role of judiciary in a democracy like India cannot be reduced to a mere institution with no teeth as it would defeat the spirit that embodies our Constitution. To ensure the conscientious implementation of the principles of Constitution, the role of judiciary is undeniably apt. In this article, an effort is made to define the model of doctrine of separation of powers adopted in India and to understand its purpose, followed by the analysis of judicial activism and overreach with the help of case laws in the light of the doctrine highlighted. An attempt is made to fathom the powers of Indian judiciary and its duties with respect to the infamous doctrine of separation of powers so as to determine whether the expounded domains of activism and overreach of the judiciary is mutually exclusive.
