Day 8 – Q 3.Has the judiciary been adventuring into the executive domain of late? What can be its implications? Analyse with the help f suitable examples.

3. Has the judiciary been adventuring into the executive domain of late? What can be its implications? Analyse with the help f suitable examples.  

क्या न्यायपालिका आजकल कार्यकारी क्षेत्र में प्रवेश कर रही है? इसके निहितार्थ क्या हो सकते हैं? उपयुक्त उदाहरणों की मदद से विश्लेषण करें।।

Introduction:                       

The constitution of India has provided for separation of powers between institutions of the state- executive, legislature and judiciary to ensure checks and balances which are essential in a democracy. But off late the judiciary has been criticized by executive, legislature and civil societies alike about interference in executive domains. 

Implications: 

Judiciary has been adventuring into executive domains off late and following are its implications:

Positive implications: 

1. Safeguards the rights and liberty of citizens and ensures welfare of the same.
   • River Ganga pollution curtailment and mitigation: The SC took a tough stand on the delay in taking steps to prevent pollution from industries and failure in an effective vision implementation of cleaning of River Ganga. This resulted in creating a time line and a target based action with 118 selected towns on bank or River Ganga to achieve total sanitation including waste water treatment and solid waste management. Effective limits were implemented on industrial clusters to ensure abatement of pollution.
2. Protection of Fundamental Human rights guaranteed under article 21 of the constitution:
   • Plight of under trial prisoners and Prison reforms: Concerned that almost 67% prisoners in overcrowded jails across India are under trials, the SC sought early conclusion and reformative steps stating that prisoners also have human rights. NALSA was asked to coordinate with state authorities and Home Ministry to establish under-trial Review Committee comprising of District Judge, District Magistrate and Superintendent of Police in all districts.
   • Delhi pollution prevention and abatement: Judiciary was instrumental in pushing the government to develop and adopt various policies and programmes for combating air pollution. It also banned sale of older Diesel cars and also cars above 2000cc for certain period. 
3. For protection of Law and order and safety of women:
   • Ban on cooling stickers on cars: The Supreme Court has ordered a complete ban on use of tinted plastic films irrespective of the degree of visibility on windscreens and other glass panels of vehicles throughout the country. Vehicles with tinted glasses helped criminals escape after committing heinous crimes such as sexual assault against women, robberies, kidnapping etc.
4. Uniformity in policy creation on certain spheres. Also provides impetus for accountable and responsible administration.
   • Likewise, the SC has intervened in many issues to serve the larger interest of society across the country. like cases of fighting diseases like Dengue, issues of policies of Health, drinking water, etc. stopping of polluting industries of Agra, beautification of Taj Mahal, etc.

Negative implementation: 

1. Ignorance of technical and actual compatibility of implementation and decision taken.
   • Judiciary mandate on speedy implementation of interlinking of river projects: There are certain procedures for taking up projects like feasibility reports, EIA, etc. which are violated due to the expedition. Technical feasibility and expertise were overlooked as a result of this intervention.
2. Irreversible judgments by Judiciary unless reviewed often leads to an ineffective progress in undesired projects.
   • The SC, ruling on a PIL about road safety, banned the sale of liquor within 500m of any NH and SH: Data compiled by NCRB showed that in road accidents in 2014, over speeding and reckless driving accounted of nearly 90% of it, while drunk driving accounted to 2.5%, hence rendering it as an unfeasible decision. 
3. Arbitrary decisions made by judiciary affects growth and development of economy:
   • Ban on Liquor on NH resulted in collateral damage for government, tourism and livelihood as there was massive loss of revenue because almost one half to two third of retail outlets, bars, etc. are located within 500 meters of NH and SH. Employment and livelihoods are bound to be a casualty as a multiplier effect.
4. Leads to indolence, apathy and inertia on part of executive which is not a healthy trend in democracy.

Conclusion:

There have been numerous instances where the SC has justified its inteference and enhanced the growth of judicial review. However, in the interest of democratic governance, all the 3 organs of the state should discharge their obligations freely and independently, entrusted with intervention only where required in the larger interest of the citizens of India.