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Stepping on legislative turf through judicial review
The recent debate on the jurisdictional equilibrium between the three organs of government, i.e. legislative, executive and judicial branches of the Indian state is mainly hinged on deciphering the limits of judicial review exercised by the Supreme Court in a parliamentary democracy. The power of judicial review is very important for guaranteeing protection against non-discrimination, arbitrary exercise of power and “constitutionalisation of socio-economic rights”. The judiciary is bombarded with Public interest litigations (PIL) to review the major decisions of the government in “public interest”. This is ongoing in cases like 2G spectrum, coal mine allocations, National Judicial Appointments Commission or NJAC judgment, 2016, the atrocities committed under Armed Forces (Special Powers) Act and etc. But expecting the court to handle a deluge of such reviews on legislation decisions and acting as platonic guardians of democracy is “judicially unmanageable” and can be seen by as judicial excessivism. As stated by José A. Cabranes, 2015, the judiciary should remain “a light unto the nations” without being a “sheriff unto the nations”.

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