- Research/Scholar Paper name – “THE DILEMMA OF JUDICIARY- OF REVIEW AND OVERREACH”
- Author: Ashlesha Pandey
- Co-Author: Vrinda Chaturvedi
- Institution: Hidayatullah National Law University
- Affiliation: Centre for Study of Contemporary Legal Issues
- Date of Publication: 26/05/2022
Abstract:
This paper targets and tackles the oft-resurfacing issues in the legal system regarding the blurring lines between Judicial review and Judicial overreach. It traces the development of judicial thought and interpretation concerning the two concepts and their embrace in an era of judicial resurgence and hyper-activity. The paper links the said review and overreach to existing Constitutional remedies like Public Interest Litigation (PIL). Finally, it touches upon the role of institutions like Lok Adalats in moulding the revival of these judicial processes.
A concerted study and analytical research have been attempted by resorting to landmark judgements and cases resulting from the exercise of this extraordinary power. Such an approach has provided a compendium of cases, some treated with criticism and others welcomed with commendable applause, yet all contributing to the pedestal at which the sanctity of the judiciary and its actions and decision today rests.
Suggestions and solutions have been offered to reconcile the inevitable need for judicial intervention and interpretation while considering the separation of powers and avoiding a conflict of interest and clash between the three sacred organs- the Legislature, the Executive and the Judiciary that are indispensable to governance and securing democratic ideals. It is realised thus that only when the balance of independence and autonomy is moderated and delegated between the said branches can there be a much-needed change and harmonious development in the field of citizen-centric reforms, given the changing dynamics between state and its ever-defining nature of powers and equation of relationship with its members- ruling and non-ruling.