Executive, parliament and judiciary are three pillars of republic. All three have their respective functions though these may overlap. Excessive overlapping gives rise to over activism. Realtive inactivity of one pillar may compensate by over activating another.
I agree that supreme court and our judicial system has taken an active role in bringing in some much needed changes...hope it plays a constructive role in the coming year as well !
It only strengthens democracy further, constitution has give power to Supreme Court to safeguard democracy and whenever executive decision override constitutional parameters, Supreme Court has to intervene, 2013 is the year of judicial activism signifies, how government is crossing lines and trying hard to encroach basic tenets of constitution.
If the Judiciary, one of the three pillars of democracy had to intervene in those activities under the jurisdiction of Administration and Parliament, throws light on the inactivity of Administration and Parliament. It exposes the dereliction of duties assigned to Administration and Parliament. Though this intervention is good, its adding more burden on the judiciary, which in turn upsets the main judiciary functioning.
The total effect emerges in to the shape of 'In convenience' to the people. This is not a healthy trend.
Now, some pressures on apex court will be shared by independent Lokpal, which is now a law after honorable president of India's assent, recently, there is always a fine line between judicial activism and judicial vigilance, and about long rows of cases, as it is obvious there are some corruption are there and for this cases are going for long and it even goes for more than 30 years, only to benefit lawyers, reform is necessary.
If the burden on Apex court is shared, i think, there will be quick disposal of cases. In addition to this, the number of courts and Judges, if increased, the pressure on Apex court will considerably reduced. In such a situation, Lawyers will be less benefited.
Yes Judicial vigilance is needed. rather than Judicial activism.
I have never come across this before. Parliament, Executive and Judiciary cannot overlap with each other. That's what I have studied.
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What you and I studied are theory. In fact it's not so in reality. In India the three pillars of democracy are not only overlapping but also clashing .
