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    EditorialStay clear of law-making

    Stay clear of law-making


    Stay clear of law-making

    The bench of Justice Deepak Mishra and Justice Amitava Roy has expressed concern over the apparent intrusion of courts in policy and law making that are outside their scope.

    The Constitution of has well defined the separation of powers between the Judiciary, Executive and the legislature, but the same is being encroached upon by some specific judges with impunity.

    The bench categorically warned that no “judicial valour” should be shown by passing “sweeping orders” that overstep the domain of the other two pillars of democracy if the budding rivalry between the judiciary and the executive is to be taken off the table.

    There is no denying the fact that offlate there has been a tendency on the higher judiciary's part to pass “strictures” against the Central Government especially on the issue of filling up of judicial vacancies.

    It was all terribly well-meaning however it absolutely was equal to fuelling friction between the judiciary and the govt that evidently didn't bode well for the system. Whether or not there would be any modification within the judiciary's stance once a brand new CJI takes over on January 4 is anybody's guess however there actually is want for larger cooperation between the 2 wings. it's wrong for the executive or the govt. in capital to expect that the judiciary would overlook faults within the government however there's a sense that the judiciary was dragging its feet on the framing of a memoranda of procedure for streamlining the appointment of judges that the five-judge bench of the Supreme Court had specifically suggested the apex court to try to do.

    The judges so needed to try and do some self-contemplation on the bounds to their authority considering that the manager and also the assembly got equal authority within the scheme of things provided for within the Constitution.

    Significantly, the Allahabad High Court has held that the court cannot issue any direction to the legislature to make any law because, under the constitutional scheme, Parliament and legislative assemblies exercise sovereign powers to enact laws and no outside power or authority can issue a direction to enact a particular piece of legislation. The message must go out loud and clear. The balance of power needs to be maintained scrupulously and for that all the pillars of democracy need to exert themselves in due measure.

    The Northlines is an independent source on the Web for news, facts and figures relating to Jammu, Kashmir and Ladakh and its neighbourhood.

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