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

News Snippets

  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
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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?