Former Supreme Court Justice: Unconstitutional for Court to Stay Farm Bills

Excerpt of article from ‘The Week.in

During the course of the hearing of the case relating to the three farm laws today, the Supreme Court reportedly observed that it may stay implementation of the laws. Though the Court has not yet passed any order to this effect, assuming that it does, will it be a valid order? I submit it will not, and it will be a case of judicial overreach.

As stated in the Supreme Court decision in Divisional Manager, Aravali Golf Course vs Chander Haas, 2007: “Before parting with this case we would like to make some observations about the limits of the powers of the judiciary. We are compelled to make these observations because we are repeatedly coming across cases where Judges are unjustifiably trying to perform executive or legislative functions. In our opinion this is clearly unconstitutional. In the name of judicial activism Judges cannot cross their limits and try to take over functions which belong to another organ of the State.

Judges must exercise judicial restraint and must not encroach into the executive or legislative domain vide Indian Drugs & Pharmaceuticals Ltd. vs. The Workman of Indian Drugs & Pharmaceuticals Ltd. (2007) 1 SCC 408 and S.C. Chandra and Ors. vs. State of Jharkhand and Ors. JT 2007 (10) 4 SC 272 (See concurring judgment of M. Katju, J.).

Read the rest: The Week.in

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