10 May Outreach and overreach (GS-2, Polity, The Hindu)
Posted at 10 May 2021 in Current Affairs, GS Paper II, Indian Polity 0 Comments
Context:- Judicial intervention in response to the health crisis ineffectively tackled by center has reached its apotheosis. Supreme Court order forming a 12-member national task force for the effective and transparent allocation of medical oxygen to the States and Union Territories.
- Court has also mandated the task force to review and suggest measure:
- for ensuring the availability of essential drugs
- remedial measures to meet future emergencies during the pandemic.
Issue:- Is about encroaching the domain of executive by judiciary.
- Judiciary is taking on distribution of oxygen supply to the state i.e. the quota of state. So indeed this is the executive domain but judiciary’s role is also that the people must get the justice i.e. right to life.
What are the previous occasions where judicial overreach was there
- Ban of liquor on the highways.
- Ban on Tiktok.
- Micromanagement such as playing national anthem before the movie.
Why Judicial overreach is not good:
- indian constitution works on the principle of synthesis rather than on the principle of confront.
- Judicial activism and overreach has a thin line and if both organs start encroaching each other’s sphere then it may downgrade democracy.
- It may lead to judicial overburden.
- It will hamper people’s trust in the judiciary.
- India is a democracy where people are supreme and theory governed by the people sent by them.
- Judiciary don’t have the requisite expertise.