Judicial activism and overreach

✅ Section 153C of the Income Tax Act is an instance of Judicial Overreach.

✅ Judicial activism is the use of judicial power to articulate and enforce what is beneficial for society. However, when judicial activism goes overboard it is called judicial overreach.

✅ Judicial review is the power bestowed upon the judiciary by the constitution, to scrutinize legislative enactments and executive orders to ensure that they are in accordance with the provisions of the Constitution.

▪️ Arguments :

✅Flows from constitution

✅Addressing legislative or executive inaction:

For example, in Vishakha v. State of Rajasthan, the guidelines for the protection of women at workplace from sexual harassment 

✅ Protecting Rights & Liberties: In 1979, in Hussainara Khatoon v. State of Bihar, Supreme Court took up a PIL action on behalf of under-trial prisoners who had been in jails for long time. 

✅ Promoting Social Change: For instance, in Navtej Singh Johar case, 2018 Supreme Court decriminalised of same-sex relations.

▪️ Methods :

✅ PIL

✅ Constitutional interpretations- art 21

✅ Supervisory powers of higher courts over lower courts

✅ International statutes : Vienna convention on rights of person with disabilities etc. 

▪️Criticism :

✅Seen as violation of Separation of powers

✅Diluting balance among organs of the government

✅Overlooking the consequences of Judgements: In 2016, Supreme Court banned liquor sale at retail outlets that are within 500 meters of any National or State highway.

✅Disruption of Policymaking

✅Legitimacy of the Government can diminish the faith of the people in the integrity, quality, & efficiency of the government

✅ Judicial populism

✅Judicial restraint : It says that judiciary should invalidate actions of legislature or executive only when constitutional limits have been clearly violated

✅ Continuous Evaluation

✅Public Awareness & Civic Engagement

✅Strengthening Democratic Institutions

 

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