Critically comment on Supreme Court’s decision to set-up - TopicsExpress



          

Critically comment on Supreme Court’s decision to set-up committees headed by its judges to look into matters beyond its jurisdiction. Do you think proactive and overreaching judiciary is necessary to India? Comment. (Insights site) Reply Answer Indian Judiciary has huge responsibility and respect to ensure the justice and stability to the country and its citizens. Thus, its powers vary widely and depends on its own interpretation. Our country is witnessing weakening of parliament. Thus, parliament is not able to take decisions on time, resulting in delays and maladministration. Many laws are outdated, such as Motor Vehicles Act which need immediate restructuring. So, Judiciary is forced to act in such situation as per demand of the condition to form committees which look into such matters. But, Judiciary itself suffers with various capacity hindrances. It has huge cases pending unsolved. It is crumbling under its own weight and needs reforms, and capacity buildup to solve normal cases. Thus, any step by it to encroach upon the other sections of government namely executive and legislature will be far-cry. But, I also think that proactive and overreaching judiciary or to rephrase it responsible and empathetic judiciary is very necessary in a democratic setup, to make sure that Justice is served even if country leadership becomes chaotic and politics becomes self-serving. In normal circumstances judiciary should not interrupt into policy matters and administration, but,in some important cases it becomes necessary for judiciary to intervene when executive and legislature are not acting as required to ensure law, order and justice in country.
Posted on: Thu, 08 May 2014 14:58:26 +0000

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