oppn parties Executive And Judicial Domains: The Line Is Getting Blurred

News Snippets

  • Supreme Court questions the continuing relevance of two-child norms. The Court observed that falling fertility rates have weakened the population-control rationale behind laws disqualifying people with more than two children from contesting local body elections. It referred the issue to a larger Bench for consideration
  • Supreme Court declines to shift Tirupati laddu case outside Andhra Pradesh. The Court rejected a plea seeking transfer of the trial, despite arguments that political statements by Andhra Pradesh's Chief Minister and Deputy Chief Minister could affect the fairness of proceedings
  • Supreme Court transfers Azam Khan's fresh ED bail plea to Allahabad High Court. The apex court declined to consider the Samajwadi Party leader's bail request in a fresh Enforcement Directorate case and directed that it be listed before a division Bench of the High Court on November 16
  • Two killed in Delhi building collapse; contractor booked. Two bodies were recovered after a building collapsed in Chawri Bazaar. Delhi Chief Minister Rekha Gupta said the contractor had been booked and the concerned junior and assistant engineers suspended
  • Uttar Pradesh voter rolls show a 2.4-crore discrepancy. A difference of approximately 2.4 crore names has been reported between the state's panchayat and rural Assembly voter lists. The Election Commission has ordered the two sets of rolls to be matched
  • Gujarat announces 3% dearness allowance hike. The state government announced a three-percentage-point increase in dearness allowance for government employees and pensioners ahead of Diwali
  • Sensex and Nifty post their strongest single-day gains in months. The Sensex surged 2,008.61 points, or 2.60%, to close at 79,310.01, while the Nifty 50 climbed 576 points, or 2.40%, to 24,536.60. Financial and automobile stocks led the rally, supported by falling crude prices and renewed foreign investor buying
  • Maaya Rajeshwaran reaches WTA-level quarter-final. The 17-year-old Indian defeated Poland's Weronika Falkowska 6-4, 6-3, becoming the first Indian woman since Sania Mirza in 2012 to reach a quarter-final at a WTA Tour-level singles event
  • Tanvi Patri reaches Youth Olympics badminton final. The 15-year-old defeated Japan's Yuzuno Watanabe in the semi-final, assuring India of a medal and becoming the first Indian badminton player to reach the girls' singles final at the Youth Olympics
  • India beat Pakistan 3-2 in SAFF Championship. India defeated Pakistan in a closely contested match, having led 3-0 before conceding two late goals. The victory was reported as a significant result for India's second-string side
  • India beat Japan 4-1 to win a record sixth Asian Champions Trophy. India recovered from an early deficit to defeat Japan in the final at Mohali, extending its record as the tournament's most successful men's team
  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
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Executive And Judicial Domains: The Line Is Getting Blurred

By Sunil Garodia
First publised on 2021-07-15 14:10:03

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

The inconsistency in the judicial thinking about what consists of the domain of the executive and when can it be considered that the courts are overstepping came into sharp focus on Wednesday, 14th of July when in two major decisions, two different apex court benches made observations that could be termed contradictory. Both the cases related to decisions, or lack of them, taken by the UP government.

In the first case, a bench of justices R K Nariman and B R Gavai took suo motu cognisance of newspaper reports that the UP government had allowed kanwar yatra and issued notices to the Centre and the state asking how such a decision could be taken in the time of the pandemic. They asked for a reply in 48 hours, fixing the next hearing on Friday, the 16th of July.

In the other case, a bench of justices Vineet Saran and Dinesh Maheshwari, hearing a plea by the UP government against the directions issued by the Allahabad HC on the management of the pandemic in the state and passed adverse observations against the state government, said that while the intention of the court could not be questioned, it should have respected the demarcation of domains and wondered "whether interference was at all needed during the period of crisis which should be left to be handled by government and experts".

Earlier this year, the Supreme Court had intervened suo motu when the old vaccination policy which mandated that the states had to purchase vaccines on their won and free vaccines would be administered only to those above 45 years of age was found to have created a vaccine crisis and said that it was "prima facie arbitrary and irrational". Rejecting the government's view that "any overzealous judicial intervention" may lead to unintentional circumstances, the court wanted the Centre to explain the roadmap for vaccinating all by December and how it proposed to spend the Rs 35000cr earmarked for vaccination. The bench had then told solicitor general Tushar Mehta that "we are aware that we don't have time to enter the realm of policy-making but your policy has to be logical and reasonable." 

The two decision/observations mentioned above and the apex court's suo motu intervention in the vaccine policy matter proves that the demarcation between the executive and the judicial domain is getting increasingly blurred. While it true that the courts are the only defence a citizen has against executive overreach, it is also true that if executive orders are within the law, the courts normally should not interfere. The "realm of policy-making" should ideally be left to the executive. But then, as the Supreme Court has observed, can the courts remain silent spectators when a policy is blatantly irrational and impacts a huge number of citizens?