oppn parties Both Executive & Judicial Overreach Must Stop

News Snippets

  • Supreme Court rules that functional disability should be the deciding factor in granting road accident damages and not any doctor-issued disability certificate
  • Supreme Court flagged the fact that nearly 56% of the vehicles plying in India were uninsured and asked the government to challan them
  • An Air India flight from Phuket to Delhi encountered severe turbulence and 17 passengers were admitted to hospital with injuries
  • Calcutta HC said that heavens won't fall if Vande Matram is made mandatory to sing in madrasas
  • Kolkata Municipal Corporation has sought government nod for increasing city's wards to 200+ to keep residents in each ward between 16000 to 18000
  • Government has said that partially filled online Census forms may be allowed
  • Government may allow fees on UPI payments above Rs 2000, except on transfer between two individuals
  • Brent crude falls below $80 per barrel
  • Government has increased the LIC offer for sale to Rs 31,400cr with an additional 4% on the block
  • Stock markets become nervous on Tuesday due to Gulf situation: Sensex slides 210 points and Nifty sheds 159 points ahead of RBI MPC meets today
  • Indian cricket team lands in Sri Lanka for a 2-Test series
  • A former French Navy pilot who had alleged that IAF had lost Rafales during Operation Sindoor has been held in France on spying charges
  • An ordinary zari worked living just 100km away from Kolkata was stunned to find Rs 100cr deposited in the bank account. The bank has frozen her account pending enquiry
  • Businessmen in Kolkata gets a Rs 5-crore extortion call, allegedly from the Lawrence Bishnoi gang
  • NTA floats tenders to secure offices and exam materials round-the-clock
Tarun Tejpal, former editor of Tehelka, was sentenced to 10 years in jail by Bombay HC for raping a colleague. This judgment overturns the acquittal by a Goa sessions court
oppn parties
Both Executive & Judicial Overreach Must Stop

By Sunil Garodia
First publised on 2023-01-12 10:09:40

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

Vice-President Jagdeep Dhankhar launched into a diatribe against what he called judicial overstep, while holding forth on the Kesavananda Bharti judgment which used the basic structure doctrine to rule that the Parliament cannot change the basic structure of the Constitution. While Dhankhar's ire against judicial overreach is partly justified as in more and more cases, judges do not seem to hesitate in making laws instead of interpreting them or offer advice to Parliament and state legislatures, the fact remains that the judiciary has to step in to protect the fundamental rights of the citizens when there is executive or legislative overreach which is not uncommon and is in fact on the rise.

If India has to avoid future situations like the Emergency and the 42nd Amendment, it is necessary that Parliament does not have unbridled power. It is necessary that the basic structure of the Constitution is protected at all costs and that the actions of the Parliament in passing laws are always subject to judicial review. The judiciary does not have the power to pontificate on the need of the enacted law. But it surely has, and should have, the power to examine if the law passes the constitutional test.

If Parliament has unbridled power, what is to stop a party which has an overwhelming majority in both Houses of Parliament and rules in more than half the states to change the Constitution completely, subject to the limitations under Article 368? The country has suffered once when Parliament, through the 42nd Amendment, gave sweeping powers to the executive, decreed that its actions were out of judicial review and crushed the fundamental rights of the citizens. It cannot afford another such brazen attempt to reduce the citizenry to mute puppets. 

Hence, it is necessary that the checks and balances in force to ensure that each organ of democracy functions within the role assigned to it and no organ tries to use the 'silence of the Constitution' to assume powers that are not expressly assigned to it are kept strictly in place. For, if the Supreme Court holds a law unconstitutional, Parliament still has the power to re-enact the law after making the necessary corrections. It is just the question of each organ knowing its limits and not over-stepping.