Aparna Lucknow, India 601 Questions 0 Answers 0 Best Answers 678 Points View Profile Aparna Asked: October 30, 20212021-10-30T11:54:10+05:30 2021-10-30T11:54:10+05:30In: Polity What is the provision under constitution? What is The Question of Judicial Overreach? current affairslegislaturepolity Share Facebook 1 Answer Recent 0 Questions 518 Answers 176 Best Answers 0 Points View Profile [Deleted User] 2021-10-30T11:57:14+05:30Added an answer on October 30, 2021 at 11:57 am Context: During the hearing of the case relating to the three farm laws, the Supreme Court reportedly observed that it may stay implementation of the laws. This raises the question of judicial overreach. The provision under the constitution Under the Constitution, the Legislature, Executive, and Judiciary all have their broad spheres of operation. It follows that when a law is made by Parliament, it is only Parliament that can repeal or suspend its operation by making another law. The Court can declare a law ultra vires if it finds it unconstitutional, but it has no power to temporarily stay its enforcement even without recording a finding that it is prima facie unconstitutional. When a law is made by Parliament, it comes into effect immediately on receiving the assent of the President of India (unless it is a case of conditional legislation, which the three laws in question are not). The concern over judicial intervention For a Court to stay its operation, would amount to thwarting the will of another organ of the State, which is sovereign within its domain, and would amount to judicial legislation. This would be violating the principle of separation of powers. It sets another precedent of Judicial Overreach. 0 Reply Share Share Share on Facebook Share on Twitter Share on WhatsApp Leave an answerCancel replyYou must login or register to add a new answer. Related Questions What is Pathalgadi? What is Bodo Accord?
During the hearing of the case relating to the three farm laws, the Supreme Court reportedly observed that it may stay implementation of the laws. This raises the question of judicial overreach.
The provision under the constitution
The concern over judicial intervention