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Judicial Overreach And Rule Of Law

Sriharsha Ravi Madichetty & Nehaol Sri L V, BBA LLB (Hons), Jindal Global Law School, Sonipat, Haryana


In our Indian constitution there is a demarcation of powers between the three bodies i.e., Legislature, executive and the judiciary. The legislature makes the law, executive implements it, and the judiciary keeps a check on these on these laws and make sure there in accordance with our constitution. But there are always instances in our legal system where there is an absence of adequate laws in certain areas. That is when the judiciary steps in and performs the task of the executive and legislature. If the judiciary acts without restraint, then it would be judicial supremacy rather than judiciary’s independence. Because of judicial overreach, the boundaries of the three organs are not being respected as there is no proper balance of powers which causes a conflict between them. This goes against the very concept of separation of powers and the rule of law that form the basis of the Constitutional Scheme and Indian Democracy. This article aims to explore how Judicial Overreach manifests in practice in the pretext of judicial activism and subverts the Rule of Law in India.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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