Judicial overreach vs activism

     The judiciary constitutes  an important pillar of democracy apart from the legislature and the executive.In the Indian context,we have been witness to several interventions of the judiciary in matters pertaining to governance,  the rule of law as also environmental issues.Some of these interventions have nudged the executive into action.While it can be argued that judicial intervention is not necessary in a democratic set up,it has been seen that there has been  inaction and apathy in implementing executive action on the ground even on issues where the legislature has debated,discussed and passed the necessary legislation approving governmental action on these issues.It appears that without judicial interventions there would have been no action on the ground whatsoever.Under these circumstances the judiciary appears to be the only hope for the common man.

      Many bills have already received legislative approval by the parliament of the country.However the necessary executive action has been tardy and indifferent.The executive cannot be seen to trivialise important legislation by delaying tactics often on the most flimsy pretexts.

  In some cases there has been an overreach of the judiciary into what truly constitutes the domain of the executive.An alert and and agile executive sensitive to public sentiments must ensure that important pieces of legislative decision are quickly translated into executive action.There is an urgent need for judicial reforms.Some of the archaic laws need to be revisited and removed or modified in light of the contemporary realities brought about by societal transformation as also technological advances.As part of a global family our laws must keep pace with other countries of the world.While legislative and executive action are needed the real test would be to ensure effective implementation on the ground.Ultimately the law of the land should be supreme and must prevail.The debate over activism and overreach would cease to matter in an ideal scenario wherein the executive is sensitive and proactive, and good and effective governance is paramount.

                                                                                            Image courtesy https://fr.m.wikipedia.org/wiki


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