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