| Introduction: Contextual introduction. Body: Explain the importance of the limitations of judicial powers with respect to executive Policy matters. Conclusion: Write a way forward. |
The doctrine of separation of powers (part of the basic structure) implies that each pillar of democracy – the executive, legislature and the judiciary – perform separate functions and act as separate entities. The executive is vested with the power to make policy decisions and implement laws. The judiciary is responsible for adjudicating disputes. The Constitution permits the judiciary to perform an advisory role in very limited circumstances and that too only when sought for.
Importance of the limitations of judicial powers:
- Such power has limitations which must respect theinstitutional independence and competence of such organs.
- The doctrine of separation of power facilitates participative democracy in letter and spiri It facilitates the right of the publicto give effect to its will through the legislature.
- The matters of reform are constitutionally reserved for the “State” as defined in Article 12, which includes only the legislature and the executive but not the judiciary.
- The existence of a formidable majority is proof of a clear mandate from the people which must be respected, and interfered with only when the Constitution is undermined by the executive.
- In many cases, courts are often ill-equipped and lack experience to weigh the economic, environmental and political costs involved like liquor ban case.
- The executive remains “accountable” to the people through 5 year election process but judges exercise self-regulation and are insulated from any external control and thus accountable only to themselves, and their own sense of their limits.
- Sometimes when judicial activism is exercised it is done for solely selfish, political or personal reasons.
- Frequent overreach signals executive inactivity and incompetency which reduces the trust people pose in the Parliament and elected representatives.
Judiciary is expected to maintain its primary allegiance to the law and the Constitution i.e. to the text of legal instruments and legal interpretation, and to the body of judicial precedents.
