Judicial legislation and judicial restraint
Abstract
In the past decade, our courts
have increasingly been enacting
“judicial legislation”, taking
on a task that is meant for
the legislature and elected
representatives. This trend
reached a new high when the
apex court recently “ordered”
the central government to
distribute foodgrains, found
rotting for want of storage
facilities, to the poor and hungry.
The prime minister had to
intervene to make it clear that
the court was stepping into the
domain of policymaking, an area
meant for the executive.
Collections
- Journal Articles [3697]