Judicial activism could upset the separation of powers and affect the dignity of the judiciary, as orders are either being ignored or proving to be unimplementable.
A few months ago, sparks flew in the Supreme Court when Attorney General K.K. Venugopal said some of the court’s decisions were adversely impacting governance, causing damage to the economy and making people lose their livelihoods. “Not everything is negative, but the court should exercise restraint while dealing with public interest litigations,” Venugopal told a bench headed by Justice Madan B. Lokur, which was hearing a petition on the condition of prison inmates.
Lokur, a specialist on PILs pertaining to social justice, responded, “Through orders of this court, you have got thousands of crores in cases like mining, construction work. What more do we do? Rest assured that Article 21 [right to life and liberty] is here to stay and we will uphold it.”
The debate had been set off by a suggestion from the bench that a committee headed by a former Supreme Court judge be set up to monitor prison reforms. The government counsel called it an attempt by the court to indulge in policy-making, a domain of the executive. The bench, however, did form a panel headed by retired justice Amitava Roy for the purpose.
Lokur was again at the centre of a heated debate as a two-judge bench headed by him ruled that in view of air pollution assuming dangerous proportions, only ‘green’ crackers be burst during Diwali, and also restricted the time for fireworks to two hours. While environment-conscious quarters welcomed the order, there was immense criticism of the decision, and judiciary watchers wondered whether it would not have been better for the court to direct the government to take necessary measures. “It would have been wiser to direct the government to resort to such steps as were necessary to minimise pollution,” said former Supreme Court judge K.T. Thomas.
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Themes Of Choice
As Savvy Investors Seek New Avenues, Thematic Mutual Funds Are Gaining Popularity
A golden girl
One of India's most formidable beauties passed away earlier this month. The odd thing is she would absolutely hate this obituary; she hated being written about and avoided publicity for all of her nine decades. Indira Aswani was 93 when she died. But anyone who encountered her, even briefly, was in such awe of her grace and poise, and one could not but remember her forever.
The interest in wine is growing delightfully in India
The renowned British wine writer and television presenter Jancis Robinson, 74, recently came to Delhi and Mumbai to reacquaint herself with India's wine industry. This was the Robinson's fourth visit to India; the last one was seven years ago. On this trip, Robinson and her husband, restaurateur Nicholas Lander, were hosted by the Taj Hotels and Sonal Holland, India's only Master of Wine.
United in the states
Indian-Americans coming together under the Democratic umbrella could get Harris over the line in key battlegrounds
COVER DRIVE
Usage-driven motor insurance policies offer several benefits
GDP as the only measure of progress is illogical
Dasho Karma Ura, one of the world's leading happiness experts, has guided Bhutan's unique gross national happiness (GNH) project. He uses empirical data to show that money cannot buy happiness in all circumstances, rather it is family and health that have the strongest positive effect on happiness. Excerpts from an interview:
India is not a controlling big brother
Prime Minister Tshering Tobgay considers India a benevolent elder sibling as the \"big brotherly attitude\" is happily missing from bilateral ties. He thinks the relationship shared by the two countries has become a model of friendship not just for the region, but for the entire world. \"India's attitude is definitely not of a big brother who is controlling and does not allow the little brother to blossom and grow,\" says Tobgay in an exclusive interview with THE WEEK.
Comrade with no foes
Lal Salaam, Comrade Yechury-you were quite a guy!
Pinning down saffron
In her first political bout, Vinesh Phogat rides on the anti-BJP sentiment across Haryana
MAKE IN MANIPUR
Home-made rockets and weapons from across the border are escalating the conflict