Too Many PIL’s

The Hindu     13th June 2020     Save    
QEP Pocket Notes

Context: Solution of rising irrational PILs as a result of systemic governance shortcoming and weak political will (vote bank politics) is beyond the judicial domain.

Flawed Governance is beyond the Judicial Domain

  • Policy prescriptions by courts have yielded poor results.
  • Single judge or division bench cannot take weighty administrative decisions like lockdowns and reservation policy.
  • Judiciary’s competency lies in the interpretation of the Constitution and statutes.
  • Violation of Principle of separation of powers: Attempts to fix other systemic shortcomings, have propelled judiciary headlong into law making and governance domains
  • Governance doesn’t improve without political will.

Conclusion: India’s principle of separation of powers as one of the cornerstones of democracy requires higher courts to focus on upholding the Constitution. 

QEP Pocket Notes