Analyze the Supreme Court’s contribution to preserving the balance of power among the three branches of government, taking into account its interventions through judicial review and basic structure doctrines.
Model Answer Introduction The doctrine of separation of powers, as envisaged in the Indian Constitution, promotes the division of governmental responsibilities into distinct branches to limit any one branch from exercising the core functions of another. Judicial legislation, also known as judicial aRead more
Model Answer
Introduction
The doctrine of separation of powers, as envisaged in the Indian Constitution, promotes the division of governmental responsibilities into distinct branches to limit any one branch from exercising the core functions of another. Judicial legislation, also known as judicial activism, occurs when the judiciary interprets the law or creates new legal principles, often encroaching upon the domain of the executive or legislature.
Need for Judicial Intervention
The Indian judicial system has witnessed a large number of Public Interest Litigations (PILs) as citizens seek to address pressing social issues, protect fundamental rights, and hold the executive accountable. In many cases, the executive and legislative branches have been unable or unwilling to tackle these issues effectively. As a result, the judiciary has stepped in to bridge the gap and protect the rights of citizens. A specific example of judicial intervention is the Supreme Court’s decision in the Vishaka case (1997), where the court laid down guidelines to address sexual harassment in the workplace.
Evolution of PIL in India
PIL emerged as a powerful tool in the 1980s to provide access to justice to marginalized and disadvantaged sections of society. The judiciary, led by proactive judges, relaxed the rules of locus standi and allowed any individual or organization to file a case on behalf of those who could not approach the court themselves. A notable example is the case of Bandhua Mukti Morcha v. Union of India (1984), where the Supreme Court allowed an NGO to file a case on behalf of bonded laborers.
Judicial Guidelines and Directives
In various PILs, the judiciary has issued guidelines and directives to the executive, aiming to address issues such as environmental protection, human rights, and corruption. These guidelines, while encroaching upon the executive’s domain, have often proven necessary to address policy paralysis, bureaucratic inefficiency, or corruption. The Supreme Court’s directives in the MC Mehta v. Union of India case (1986) are a prominent example of judicial guidelines to address environmental protection.
Balancing Act
Although judicial legislation can be seen as a violation of the doctrine of separation of powers, the Indian Constitution provides for a system of checks and balances, allowing the judiciary to review and interpret the actions of the executive and legislature. A significant example is the Supreme Court’s judgment in the Common Cause v. Union of India case (2017), where the court directed the government to introduce measures for transparency in political funding, addressing corruption while encroaching upon the executive’s domain.
Conclusion
While judicial legislation can be seen as antithetical to the doctrine of separation of powers, the filing of numerous PILs praying for guidelines to be issued to executive authorities is justified in the context of India’s unique challenges. The Indian judiciary has played a crucial role in upholding the rights of citizens, addressing pressing social issues, and ensuring accountability from the executive and legislative branches. This intervention, while pushing the boundaries of the separation of powers, has been necessary to maintain a balance and protect the public interest in many cases.
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The Supreme Court of India plays a crucial role in maintaining the balance of power among the three branches of government: the Executive, the Legislature, and the Judiciary. It does so through various doctrines and interventions, particularly the basic structure doctrine and the doctrine of judiciaRead more
The Supreme Court of India plays a crucial role in maintaining the balance of power among the three branches of government: the Executive, the Legislature, and the Judiciary. It does so through various doctrines and interventions, particularly the basic structure doctrine and the doctrine of judicial review. Here’s an examination of these roles:
Basic Structure Doctrine
The basic structure doctrine is a judicial principle that the Constitution has certain fundamental features that cannot be altered or destroyed through amendments by the Parliament. This doctrine was established to maintain the supremacy of the Constitution and prevent any form of authoritarianism.
Key Cases:
Kesavananda Bharati v. State of Kerala (1973):
This landmark case established the basic structure doctrine. The Supreme Court held that while Parliament has wide powers to amend the Constitution, it cannot alter the basic structure or essential features of the Constitution.
Essential features identified include the supremacy of the Constitution, the rule of law, the principle of separation of powers, and the fundamental rights guaranteed under Part III of the Constitution.
Indira Nehru Gandhi v. Raj Narain (1975):
The Supreme Court applied the basic structure doctrine to strike down the 39th Amendment, which sought to place the election of the Prime Minister beyond judicial scrutiny. The Court held that free and fair elections are part of the basic structure.
Minerva Mills Ltd. v. Union of India (1980):
The Supreme Court reiterated that the power of judicial review is a part of the basic structure. The 42nd Amendment, which attempted to curtail judicial review, was struck down as it violated the basic structure.
Doctrine of Judicial Review
Judicial review is the power of the judiciary to examine the constitutionality of legislative acts and executive orders. It ensures that all branches of government adhere to the Constitution.
Constitutional Basis:
Article 13: Declares that laws inconsistent with or in derogation of the fundamental rights are void.
Article 32 and Article 226: Empower the Supreme Court and High Courts, respectively, to issue writs for the enforcement of fundamental rights.
Key Interventions:
Golak Nath v. State of Punjab (1967):
The Supreme Court held that constitutional amendments affecting fundamental rights could be subject to judicial review.
Maneka Gandhi v. Union of India (1978):
The Court expanded the interpretation of the right to life and personal liberty under Article 21, stating that any law affecting these rights must be just, fair, and reasonable.
SR Bommai v. Union of India (1994):
The Court used judicial review to check the misuse of Article 356 (President’s Rule), reinforcing the principle of federalism as part of the basic structure.
See lessBalance of Power
Between the Legislature and the Judiciary:
Judicial Review of Legislation: The Supreme Court regularly reviews legislative acts to ensure they conform to constitutional provisions. It has struck down numerous laws that violate fundamental rights or the basic structure.
Advisory Opinions: Under Article 143, the President can seek the Supreme Court’s opinion on constitutional matters, reflecting the collaborative balance between the judiciary and the legislature.
Between the Executive and the Judiciary:
Executive Actions: The Supreme Court scrutinizes executive orders and actions, ensuring they are within the bounds of law and the Constitution. Landmark cases like Vineet Narain v. Union of India (1997) established guidelines for the independence of investigative agencies.
Public Interest Litigations (PILs): The judiciary uses PILs to intervene in executive actions impacting public interest, ensuring accountability and transparency.
Conclusion
The Supreme Court of India, through the basic structure doctrine and the doctrine of judicial review, acts as the guardian of the Constitution, ensuring that no branch of government exceeds its constitutional limits. By maintaining this balance, the Court protects democratic principles, the rule of law, and fundamental rights, thus upholding the supremacy of the Constitution and ensuring the proper functioning of the Indian democratic system.