Indian judiciary’s suo motu powers

Source: The post Indian judiciary’s suo motu powers has been created, based on the article “Refrain from judicial overreach: It’ll strengthen India’s judiciary” published in “Live mint” on 19th December 2024

UPSC Syllabus Topic: GS Paper2-Structure, organisation and functioning of the Executive and the Judiciary

Context: The article discusses the Indian judiciary’s suo motu powers. It highlights their importance in addressing urgent issues but criticizes misuse, delays, and overreach. It emphasizes the need for guidelines and feedback to ensure timely, effective, and credible judicial interventions.

What are Suo Motu Powers of the Judiciary?

1. Suo motu powers allow courts to take up cases on their own, without a formal petition.
2. These powers aim to protect public interest, ensure justice, and address overlooked issues.

Why is the Use of Suo Motu Powers Controversial?

1. Growing Invocation: Increasing use of these powers in matters already handled by lower courts has raised concerns.
2. Jurisdictional Tensions: Supreme Court interventions can overshadow the work of high courts. For example, in the RG Kar Medical College rape case, the Supreme Court acted after significant progress by the Calcutta High Court.
3. Potential Political Influence: There is criticism over perceived political motivations in some cases.

What Are the Challenges in Suo Motu Interventions?

1. Delays in Resolution: Prolonged engagement without results frustrates the public. Like in Yamuna pollution case took over 20 years to be transferred to the National Green Tribunal.
2. Implementation Challenges: Judicial directives often lack follow-through. During COVID-19, the Supreme Court’s intervention highlighted healthcare gaps but lacked concrete results.
3. Overreach Concerns: Courts sometimes venture into legislative or administrative domains. In the Ramlila Maidan case, the Supreme Court expanded Article 21 to include a “Right to Sleep.”

How Can Suo Motu Powers Be Improved?

1. Frame Guidelines: The judiciary should create clear guidelines for suo motu actions.
2. Feedback Mechanisms: Courts must track implementation to ensure compliance with directives.
3. Strengthen High Courts: High courts should be allowed to handle local matters effectively.

Conclusion

1. Suo motu powers are vital for justice but must be used judiciously.
2. Overuse, delays, and poor implementation harm public trust in the judiciary.
3. Guidelines and better mechanisms are needed to ensure timely and effective justice.

Question for practice:

Discuss the challenges associated with the judiciary’s use of suo motu powers and suggest measures to improve their effectiveness.