A recent Supreme Court ruling has sparked intense discussions, with Vice President Jagdeep Dhankhar criticizing the judiciary for what he perceives as overreach. The court's invocation of Article 142, requiring the President of India to act on state bills within three months, has reignited debates on judicial overreach and the separation of powers within India's democracy.
Vice President’s Criticism:
In a strong address, Vice President Dhankhar accused the judiciary of overstepping its constitutional boundaries and becoming a “super Parliament.” He labeled the use of Article 142 as a “nuclear missile against democratic forces,” highlighting concerns over the lack of transparency and accountability within the judiciary.
The ruling, which declared 10 Tamil Nadu bills as "deemed assented" due to delays by the Governor, and other recent judicial decisions have raised alarms about the court’s expanding role.
What is Article 142?
Article 142 of the Indian Constitution provides the Supreme Court with broad powers to deliver "complete justice," even beyond existing laws. The article allows the court to issue enforceable orders across India and summon individuals for evidence, granting it significant authority to address legal matters in ways that go beyond the statutory framework.
Controversies and Judicial Overreach:
Vice President Dhankhar’s comments reflect ongoing concerns about the judicial overreach and its potential impact on the balance of power between the legislature, executive, and judiciary in India’s democracy. While the judiciary defends the use of Article 142 as a necessary tool for achieving justice, critics fear it might upset the constitutional balance.
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