27 November, 2020
HC has virtually taken over executive function: A.P Govt to SC
Andhra Pradesh government recently told the Supreme Court that Andhra Pradesh High Court has “virtually taken over the executive functions of the State”.
What’s the issue?
What has the Supreme Court said on the issue?
What is Judicial Activism?
It refers to the court’s decision, based on the judges personal wisdom that do not go rigidly within the text of the statutory passed by the legislature and the use of judicial power broadly to provide remedies to the wide range of social wrongs for ensuring proper justice.
The Doctrine of separation of Power:
Disadvantages or concerns associated:
In Ram Jawaya v. The State of Punjab (1955), the court observed: “Our Constitution does not contemplate assumption, by one organ or part of the state, of functions that essentially belong to another.” This implies that there should be a broad separation of powers in the Constitution among the three organs of the state (legislative, executive, judiciary) and that one organ should not encroach into the domain of another. If this happens, the delicate balance in the Constitution will be upset and there will be chaos.
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