Judicial Review And Separation Of Powers: Rethinking Judicial Overreach In India
- IJLLR Journal
- 6 days ago
- 1 min read
Jonnalagadda. Srinivas, Research Scholar, Koneru Lakshmaiah Education Foundation, Vaddeswaram.
Dr. B. Pooja Sudharma, Assistant Professor, Koneru Lakshmaiah Education Foundation, Vaddeswaram.
Dr. B. Lavaraju, Associate Professor, Saveetha Institute of Medical and Technical Sciences, Chennai.
Dr. Venkateswararao. Podile, Professor and HOD, Koneru Lakshmaiah Education Foundation, Vaddeswaram.
ABSTRACT
The judicial review is a characteristic of Indian constitutional structure and a very important mechanism of protection against the excess of legislative and executive power. However, in the past 10 years the expansion of interpretative and remedial powers of the courts has raised concerns of judicial overreach. This paper is a critical discussion of the developing relationship of judicial review and separation of powers in India. It disaggregates the principles of judicial review, determines hermeneutical lines between judicial activism and judicial encroachment, and evaluates a variety of more recent cases in the areas of economic policy, institutional appointment, fundamental rights, environmental regulation, and public interest litigation. Special emphasis is given to the emergence of structural remedies and ongoing mandamus to represent a means of judicial governance. The article relies on a comparative constitutional experience in the United States, the United Kingdom, and South Africa, and suggests a principled set of recommendations regarding the proportionality, institutional competence, and judicial minimalism as a means to re- equilibrium the boundaries of judicial intervention. This article concludes that despite the fact that judicial review should be vigorous to protect the constitutional rights, it should also be constrained by the constitutional humility to help in the democratic legitimacy of all state organs.
Keywords: Judicial Review, Separation of Powers, Judicial Overreach, Constitutional Governance, Public Interest Litigation, Proportionality, Basic Structure, Structural Remedies.
